HomeMy WebLinkAbout05 bremerton0305_supp5SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 5 – March 2005
New, reprinted pages included with this supplement are listed by title and page number in the right-hand
column below. The left-hand column lists obsolete material which should be removed from the code. Follow
the instruction columns in sequence: remove and replace pages as necessary.
When completed, insert these directions in a convenient place near the front of the code book. For future
reference, the person making these changes may also date and initial this page.
This supplement includes all legislation passed up to and including Ordinance 4931, passed February 2,
2005.
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Charter
Table of Contents .................................. Table of Contents
1 – 16 ........................................................................ 1 – 10
Title 2
2.02-1 ....................................................................... 2.02-1
2.14-1 ....................................................................... 2.14-1
2.18-1 – 2.18-3 .......................................... 2.18-1 – 2.18-3
Title 3
3.01-1 – 3.01-2 .......................................... 3.01-1 – 3.01-2
3.01-C1 – 3.01-C5 ................................ 3.01-C1 – 3.01-C7
3.01-E1 .................................................................. 3.01-E1
3.01-F1 – 3.01-F10 .............................. 3.01-F1 – 3.01-F10
3.08-1 ....................................................................... 3.08-1
3.48-1 – 3.48-15 ...................................... 3.48-1 – 3.48-16
3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3
Title 6
6.32-1 – 6.32-2 ....................................... 6.32-1 – 6.32-2.1
Title 9A
9A.44-1 – 9A.44-2 ............................... 9A.44-1 – 9A.44-2
9A.48-1 ................................................................. 9A.48-1
Title 10
Table of Contents .................................. Table of Contents
— ........................................................... 10.13-1 – 10.13-2
Title 13
13.04-1 – 13.04-2 .................................. 13.04-1 – 13.04-2
Title 15
15.01-1 – 15.01-7 .................................. 15.01-1 – 15.01-7
15.06-1 – 15.06-2.1 ............................ 15.06-1 – 15.06-2.3
15.06-A1 – 15.06-A7 ....................... 15.06-A1 – 15.06-A8
(Revised 3/05)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 17
17.04-1 – 17.04-2 ................................ 17.04-1 – 17.04-2.1
Title 21
Table of Contents ................................... Table of Contents
21.02-17 – 21.02-18 ........................ 21.02-17 – 21.02-18.1
21.22-1 – 21.22-2 ................................... 21.22-1 – 21.22-2
21.22-19 – 21.22-20 ........................... 21.22-19 – 21.22-20
Tables
1 – 2 ........................................................................... 1 – 3
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 3/05)
Charter-i Revised 3/05)
CHARTER OF THE CITY OF BREMERTON
TABLE OF CONTENTS
ARTICLE I. Name, Boundaries, Powers, Definitions
Section 1 Name
Section 2 Boundaries
Section 3 Definitions
Section 4 Rights and Powers
Section 5 Powers - How Exercised
ARTICLE II. Elective Officers
Section 6 Officers - Election - Term - Qualifications
Section 7 Change in Districts
Section 8 Compensation - Reimbursement
Section 9 Vacancies - Events Creating
Section 10 Vacancies - Filling
Section 11 Pro Tempore Appointment
ARTICLE III. Legislation
Section 12 Powers Vested in Council
Section 13 Council Meetings - Public Notice of Meeting
Agendas
Section 14 Open Meetings - Requisites
Section 15 Ordinances - Styles - Requisites - Veto
Section 16 Ordinances - Authentication and Recording
Section 17 Publication of Ordinances or Summary of
Ordinances
Section 18 City Auditor
ARTICLE IV. Administration
Section 19 Duties and Authority of the Mayor
Section 20 Appointive Officers - Duties - Compensation
Section 21 Appointment and Removal of Appointive
Officers and Employees - Terms
Section 22 Oath of Appointive Officers and Employees
Section 23 City Attorney
(Revised 3/05)Charter-ii
ARTICLE V. Finance
Section 24 Organization
Section 25 Receipt, Custody, and Disbursement of Funds
Section 26 Fiscal Year
Section 27 Public Utilities
ARTICLE VI. Civil Service
Section 28 Commission, Creation of
Section 29 Commission, Rules and Powers
Section 30 Civil Service Officer
Section 31 Employees Included in Civil Service
ARTICLE VII. Boards, Commissions and Committees
Section 32 Member Residency Requirement
ARTICLE VIII. Recall, Initiative and Referendum
Section 33 Recall
Section 34 Initiative and Referendum
ARTICLE IX. Franchises
Section 35 Franchises - Term - Renewal
Section 36 Franchise - Compensation - Publication
Section 37 Franchise - Council Rights
Section 38 Franchise - Transfers
ARTICLE X. Miscellaneous
Section 39 Legal Continuity
Section 40 Employment Continuity
Section 41 Report - Requisites of Claim - Time Limitations
ARTICLE XI. Amendments
Section 42 Conform to State Law
Section 43 Charter Amended - Effective Date
Charter-1 Revised 3/05)
CHARTER OF THE CITY OF BREMERTON
ARTICLE I.
Name, Boundaries, Powers, Definitions
Section 1 - Name:
The corporate name of this City is BREMERTON.
Section 2 - Boundaries:
The existing boundaries may be changed in the manner provided by law.
Section 3 - Definitions:
As used in this Charter, unless the context indicates otherwise:
(1) RCW - Means the Revised Code of Washington, and refers to any subsequent amendments to statutes refer-
enced in this Charter.
(2) Residence - Residence within any territory included in, annexed to, or consolidated with the City is construed
to have been residence within the City.
(3) Shall - Means mandatory.
(4) May - Means optional.
(5) Appointive Officer - Means those employees appointed by the mayor and confirmed by the Council as estab-
lished by Charter and by ordinance.
Section 4 - Rights and Powers:
By and in the corporate name, the City shall have perpetual succession and all powers of a First Class city; may sue
and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through
its legislative body, may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and
personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common
benefit.
Section 5 - Powers - How Exercised:
All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through and under the direc-
tion of a mayor, who shall be the chief executive and administrative officer, and nine council members who shall con-
stitute the City Council (hereafter referred to as Council). The Council shall serve as the legislative body of the City.
The Mayor and Council shall be subject to the control and direction of the people at all times by means of the initiative,
referendum and recall provided for in this Charter.
ARTICLE II.
Elective Officers
Section 6 - Officers - Election - Term - Qualifications:
The elective officers of this City shall be eleven in number: The Mayor and Municipal Judge, who shall be elected by
majority vote from the City at large, and nine part-time members of Council, who shall be elected by majority vote
from each of their respective districts. No person shall be eligible for election to any City office, unless he or she is a
citizen of the United States and has resided in Bremerton for at least one year preceding election, except the Municipal
Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington.
No person shall be eligible for the position of council member while holding any other elective public office or other-
wise employed by the city. Candidates for Council must also be residents of their respective districts at the time of
(Revised 3/05)Charter-2
filing. The Mayor shall continuously reside within the City and Council members shall reside continuously within their
district during their elective terms, except as provided in Section 7 of this Charter. The terms of all elective officers
shall commence on the first day in January following their election and shall be for a period of four years until their
successors are elected and have qualified. In the 1997 election positions 1, 3, 5, 7 and 9 shall stand for election, and
remaining positions will stand for election in 1999. Thereafter municipal elections shall be held biennially and the req-
uisite Council members shall be elected for four year terms.
Section 7 - Change in Districts:
Council may change the boundaries of existing districts by ordinance to make each as equal in population as practica-
ble, so long as redistricting is approved forty-five days before the fourth Monday in July. No change in the boundaries
of districts shall affect the terms of any council members; they shall serve out their terms representing the district for
which they were elected even though such change of district boundaries may result in more than one council member
residing in the same district.
Section 8 - Compensation - Reimbursement:
(1) The Mayor’s and Judge’s compensation may be increased during a term of office by ordinance.
(2) There is hereby created the Bremerton Citizen’s Commission on Council Salaries pursuant to RCW
35.21.015 appointed as provided herein to set the salary of the Council members.
(a) The Commission shall consist of three (3) members who shall be registered voters and residents of the
City of Bremerton. No City officer, official, or employee or immediate family member of any City officer, official or
employee shall be eligible for membership on the Commission. As used in this section, "immediate family member"
means parents, spouse, siblings, children or dependent relative of the officer, official or employee whether or not living
in the household of the officer, official or employee.
(b) Commission members shall be appointed by the Mayor, subject to approval of Council.
(c) Commission members shall be appointed for three year staggered terms of office. Commission members
may not be appointed to more than two terms.
(d) No member shall be removed during his or her term of office unless for cause of incapacity, incompe-
tence, neglect of duty or malfeasance in office or for a disqualifying change of residence.
(e) Upon a vacancy in any position on the Commission a successor shall be appointed to serve the unexpired
term. The appointment shall be made in the same manner as for original appointments.
(f) The members of the Commission shall receive no compensation for their services but shall receive rea-
sonable reimbursement for their expenses in accordance with state law and city ordinance. Staff shall be assigned to
the Commission to provide support for its work.
(3) The Commission authority and responsibility shall be as follows:
(a) The Commission shall study the relationship of salaries to the duties of the City Council members and
shall fix a salary for each such position by an affirmative vote of not less than a majority of the commission.
(b) Except as approved in this section, the Commission shall be solely responsible for its own organization,
operation and action and shall enjoy the fullest cooperation of all City officers, officials, departments and employees.
The Commission shall have access to all City books, papers, documents and accounts applying or in any way concern-
ing the subject matter of this section.
(c) The members of the Commission shall elect a chairperson from among their number every two years.
(d) The Commission shall file any change in its schedule of salaries for the positions of City Council mem-
bers with the City Clerk by July 1st of the applicable years so as to coincide with the City budget cycle.
(e) Each schedule shall become effective thirty days after filing with the City Clerk. Salary decreases estab-
lished by the Commission shall become effective as to incumbent City Council members at the commencement of their
next subsequent terms of office. Such schedule shall be subject to referendum in the same manner as provided by Sec-
tion 34 of this Charter.
(f) Prior to the filing of any salary schedule the Commission shall hold no fewer than two public hearings
thereon within the four months immediately preceding the filing.
(g) Signature of the chairperson of the Commission shall be affixed on each schedule submitted to the City
Clerk.
(4) The Mayor, Municipal Judge and Council members shall receive reimbursement for their necessary expenses
incurred in the performance of the duties of their office as provided to City management and professional employees.
Charter-3 Revised 3/05)
Section 9 - Vacancies - Events Creating:
The position of an elected officer shall become vacant upon the occurrence of any of the following events:
(1) Death.
(2) Resignation.
(3) Judicially declared incompetency.
(4) Failure to maintain residency as required by Charter.
(5) Failure to qualify within two days after the beginning of term.
(6) Continuous absence from the City for more than thirty days during a term of office without consent of Coun-
cil, unless on business of the City.
(7) Conviction of or plea of guilty to a felony or to a crime involving moral turpitude, or an offense involving the
oath of office.
Section 10 - Vacancies - Filling:
(1) A vacancy in the office of the Mayor or Council shall be filled for the remainder of the unexpired term, if any,
at the next municipal general election.
Council or the remaining members thereof by majority vote shall appoint a qualified person to fill the vacancy
until the person elected to serve the remainder of the unexpired term takes office.
(2) If, after thirty days have passed since the occurrence of a vacancy, Council is unable to agree upon a person
to be appointed to fill a vacancy on Council, the Mayor, shall make the appointment from among the persons nomi-
nated by members of Council.
(3) If at any time the membership of Council is reduced below a quorum, the remaining members, if any, shall
appoint the requisite number of qualified persons to create a quorum who will appoint qualified persons to fill the
remaining vacancies. The appointees shall serve until persons are elected to serve the remainder of the unexpired terms
at the next available special election for partisan offices unless there is an earlier available general election.
(4) If no council members remain, the Mayor shall appoint qualified persons to temporarily fill the vacancies.
The appointees shall serve until persons are elected to fill the remainder of the unexpired terms at the next available
special election for partisan offices unless there is an earlier available general election.
(5) In the event all Council positions and the Mayor’s position become vacant, the Municipal Judge, or the Gov-
ernor of the State of Washington if the position of Judge is vacant, shall appoint a qualified person as Acting Mayor.
The Acting Mayor shall perform, and appointees shall serve, pursuant to subsection four above.
(6) A vacancy in the office of Municipal Judge shall be filled by the Mayor for the remainder of the unexpired
term, subject to Council confirmation.
Section 11 - Pro Tempore Appointment:
(1) Annually at the first meeting of Council, or when needed to fill a vacancy, the members thereof, by majority
vote, shall designate one of their number as Council President to serve as Mayor Pro Tempore, to serve at the request
of the Mayor, or to fill an unanticipated need in the absence or temporary disability of the Mayor.
(2) The Mayor Pro Tempore shall perform all duties of the Mayor in the absence or temporary disability of the
Mayor, except he or she may only remove appointive officers subject to Council confirmation after the Mayor has been
absent for thirty consecutive days, at which time the Mayor Pro Tempore may remove such persons subject to any
applicable law, rule, or regulation relating to civil service, with the approval of Council majority plus one.
(3) The Mayor may appoint qualified persons to serve as Municipal Judge pro tempore pursuant to RCW
3.50.090.
ARTICLE III.
Legislation
Section 12 - Powers Vested in Council:
Council shall have power to organize and regulate its internal affairs, to define the functions, power, and duties of the
City’s officers and employees; to fix the compensation and working conditions of such officers and employees and
establish and maintain civil service or merit systems, retirement and pension systems not in conflict with state law or
(Revised 3/05)Charter-4
this Charter. Council may adopt and enforce ordinances relating to and regulating its local or municipal affairs and
appropriate to the good of the government of the City, and, pursuant to state law, may impose penalties of fine, or
imprisonment, or both, for the violation of such ordinances constituting a misdemeanor or gross misdemeanor as pro-
vided therein. Council may provide that violation of such shall constitute a civil violation subject to a monetary pen-
alty. Council shall have all legislative powers possible for a city or town to have under the Constitution of this State.
By way of illustration and not in limitation, such powers may be exercised in regard to acquisition, sale, ownership,
improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or
beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real
or personal property. Such powers may be exercised in regard to all aspects of collective bargaining, in the rendering
of social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying
of utilities and municipal services commonly or conveniently rendered by cities or towns. In addition and not in limi-
tation, Council shall have any authority given to any class of municipality or all municipalities of this state, such
authority to be executed in the manner provided, if any, by the granting statute. Within constitutional limitations,
Council shall have within the City corporate limits all powers of taxation for local purposes allowed by state law.
Section 13 - Council Meetings - Public Notice of Meeting Agendas:
(1) Council shall meet regularly, at least once a month, at such times and locations as designated by the Council.
(2) Council shall meet at a place within the corporate limits of the City, at such times as may be fixed by ordi-
nance or resolution.
(3) A majority of Council constitutes a quorum.
(4) Meetings of Council shall be presided over by the member selected as Council President. Appointment of a
Council President shall not in any way abridge the President’s right to vote on matters coming before Council at such
meetings.
(5) In the absence of the City Clerk or Deputy Clerk or other qualified person appointed by the Clerk, a council
member may perform the duties of Clerk at such meeting while retaining rights to participate and vote during the meet-
ing.
Section 14 - Open Meetings - Requisites:
(1) All meetings of Council and City boards, commissions and committees shall be open to the public except as
excluded by Chapter 42.30 RCW or this Charter.
(2) Conditions for attendance; time and place; procedures for interruption, adjournments, continuances; execu-
tive sessions; adoption of ordinances, rules and regulations; and prohibition of secret ballots shall be as prescribed
within Chapter 42.30 RCW.
(3) Council, by ordinance, shall establish a procedure for notifying the public of upcoming open meetings and
agendas.
Section 15 - Ordinances - Styles - Requisites - Veto:
(1) The enacting clause of all ordinances shall be as follows: "The City of Bremerton does ordain." No ordinance
shall contain more than one subject and that must be clearly expressed in its title.
(2) No ordinance, or any section or subsection thereof, or any municipal code section or subsection, shall be
revised or amended, unless the new ordinance sets forth the revised ordinance or the amended section or subsection at
full length.
(3) All legislation and appropriation of money shall be by ordinance, save where there is a special fund created
for a particular purpose; payments from such funds shall be made on order of the Council.
(4) Hearings of ordinances shall be as provided by state law or as designated by Council. Every ordinance shall
have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless
otherwise directed by the Council. No ordinance shall take effect until at least ten (10) days after publication stated in
the ordinance, except as provided below:
(a) Upon the happening of any non-debatable emergency as enumerated in RCW 35.33.081, Council may
adopt an ordinance addressing the emergency or appropriating funds not available in the annual budget to meet it by
a vote of one more than the majority of all members of Council, stating the facts constituting the emergency. Such
ordinance shall become effective at passage without notice or hearing, but requires subsequent publication in the offi-
cial newspaper.
Charter-5 Revised 3/05)
(b) Ordinances addressing public emergencies not specifically enumerated in RCW 35.33.081 or appropri-
ating funds to meet such emergencies which could not have been anticipated in the annual budget, may be appropriated
by ordinance declaring an emergency and stating the facts constituting the emergency. Such ordinance shall not be
voted on until five days have elapsed after its introduction, and shall require the vote of one more than the majority of
all members of Council for passage. Any taxpayer of the City may appear at the meeting at which the emergency ordi-
nance is to be voted on and be heard for or against the adoption of it. The ordinance shall become effective upon pas-
sage and publication.
(c) Initiative ordinances adopted by the voters of the City shall take effect at the time fixed therein or, if no
such time is designated within ten (10) days after the official canvass of the ballots pursuant to state law.
(5) Every ordinance that passes Council in order to become valid must be presented to the Mayor. If approved,
it shall be signed, but if not, it shall be returned with written objections to Council who shall cause the objections to
be entered on the record and proceed to reconsideration thereof within thirty (30) days of return of the vetoed ordi-
nance. If upon reconsideration, a majority plus one of the whole membership favor its passage, the ordinance shall
become valid notwithstanding the Mayor’s veto. The Mayor’s veto with respect to budget measures shall extend to
specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance,
it shall become valid without approval. Ordinances shall be signed by the Mayor and attested by the City Clerk.
Section 16 - Ordinances - Authentication and Recording:
The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the purpose of retaining
all ordinances and resolutions adopted by Council. Copies of such shall be available for inspection by the public.
Section 17 - Publication of Ordinances or Summary of Ordinances:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published
at least once in the City’s official newspaper except bond ordinances which may be published by title alone. For the
purpose of this section, a summary shall mean a brief description which succinctly describes the main points of the
ordinance. Publication of a summary shall include notice that the full text is available from the City Clerk. An inad-
vertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the
ordinance invalid.
Section 18 - City Auditor:
There shall be an Auditing Committee consisting of two Council members and an independent Certified Public
Accountant to be designated by Council, and two Bremerton residents selected by the designated members of the
Auditing Committee. The Auditing Committee shall appoint a City Auditor who shall serve at the pleasure of the Com-
mittee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting
as a whole.
ARTICLE IV.
Administration
Section 19 - Duties and Authority of the Mayor:
The Mayor:
(1) Shall be the chief executive and administrative officer of the City in charge of all departments and employees.
(2) Shall see that all laws and ordinances are faithfully enforced and that law and order are maintained in the City.
(3) Shall have general supervision of the administration of city government and all city interests.
(4) Shall see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and
performed, and to this end, may cause any legal procedures to be instituted and prosecuted in the name of the City,
subject to approval by majority vote of all members of Council.
(5) Shall report to Council, in a public meeting, concerning the affairs of the City and its financial and other
needs, and shall make recommendations for Council consideration and action.
(6) Shall prepare and submit to Council a proposed budget.
(Revised 3/05)Charter-6
(7) Shall be the official and ceremonial head of the City and shall represent the City, except that when illness or
other duties prevent the Mayor’s attendance at an official function and the Mayor Pro Tempore is unavailable, a mem-
ber of Council or some other suitable person may be designated by the Mayor to represent the City on such occasion.
(8) Shall devote full-time, during business hours, to the service of the City and shall not hold any other public
office except notary public.
Section 20 - Appointive Officers - Duties - Compensation:
Appointive officers shall be those provided for by City Charter or ordinance and shall include a City Attorney and City
Clerk. The office of City Clerk may be merged with any other compatible appointive office. The authority, duties and
qualifications of all appointive officers shall be as prescribed by charter, ordinance, or applicable job description.
Section 21 - Appointment and Removal of Appointive Officers and Employees - Terms:
The Mayor shall have the power of appointment and removal of all appointive officers and employees, except the City
Auditor, City Attorney, Court employees and Council employees, subject to any applicable law, rule or regulation
relating to civil service. Council employees who serve at the pleasure of the Council may only be removed by a major-
ity vote of Council sitting as a whole. The head of a department may be authorized by the Mayor to appoint and remove
subordinates in such departments or office, subject to applicable union agreements and any applicable civil service pro-
visions. All appointments of appointive officers and employees shall be made on the basis of ability and training or
experience in the duties of the position, and in compliance with provisions of any merit system applicable to the City.
Confirmation by Council of appointments of appointive officers shall be required. Appointive officers shall be without
a definite term unless a term is established for such office by law or ordinance. The Mayor shall have the sole authority
to accept the resignation of any appointive officer.
Section 22 - Oath of Appointive Officers and Employees:
Any appointive officer or employee, before entering upon the performance of his or her duties, may be required to take
an oath or affirmation as may be prescribed by ordinance for the faithful performance of his or her duties as a condition
of employment.
Section 23 - City Attorney:
(1) Appointment. The Legal Department of the City shall consist of a City Attorney, and such assistant city attor-
neys as authorized in the budget. All must be duly licensed attorneys of the State of Washington in accordance with
state statute or court rule. The City Attorney shall be a full-time in-house City Attorney, appointed by the mayor and
confirmed by the Council. The City Attorney may be removed by the Mayor, with the concurrence of a majority of
Council sitting as a whole, or by Council alone, provided that removal by Council alone shall require a 2/3 vote of the
entire Council. The City Attorney may remove assistant city attorneys at his or her pleasure.
(2) Duties. The City Attorney shall be legal advisor of all officers, commissions, boards and committees of the
City and shall bring and prosecute all actions which may be directed by the Mayor or Council, and defend the City in
all actions against it and any action in which the City, any past or present employee, officer, board, committee, or com-
mission is a party as a result of acts or omissions in the good faith performance of the city’s business.
(3) Special Counsel. Council may at any time retain or appoint special counsel for specific assignments.
ARTICLE V.
Finance
Section 24 - Organization:
The Mayor shall have charge of finance and shall be responsible for the custody and management of the City assets.
Charter-7 Revised 3/05)
Section 25 - Receipt, Custody, and Disbursement of Funds:
All payments authorized by Council shall be signed by the Mayor and City Clerk. The City Treasurer shall receive and
keep all monies due and belonging to the City, and all trust funds held by the City, and shall keep an accurate detailed
account of the same in such manner as to show the exact financial condition of the City. The City Treasurer shall, at
the close of each month, report to Council all the monies received and disbursed during the month.
Section 26 - Fiscal Year:
The City’s fiscal year shall be the calendar year. The Council may, by ordinance, establish a biennial budget.
Section 27 - Public Utilities:
(1) The City shall have power to own and operate any public utility and may purchase, construct, condemn or
acquire any public utility provided by law, and may make any additions or betterments or extensions of any existing
utility, and the provision therefor shall be by ordinance which shall specify and adopt the plan or system proposed and
declare the estimated cost thereof. Any ordinance providing for a newly owned and operated utility shall be submitted
for ratification or rejection to the qualified voters of the City at a general or special election called for that purpose.
Provided, however, that an ordinance providing for the extension, enlargement or improvement of an existing utility
shall conform to RCW 35.92.070 and need only be submitted to the voters as required thereby.
(2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell all or any portion of any of
the real property now owned or hereafter acquired for water supply purposes generally known as watersheds, whether
or not currently used for water supply purposes, unless a question of such proposed sale shall be approved by a majority
plus one of the council membership or shall have been first submitted to the qualified electors of the city by a majority
plus one of the council membership at a municipal general or special election and assented to by sixty percent of said
electors voting on such question.
(3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof essential to continued
effective utility service, unless and until such disposal is approved by a majority plus one vote of Council.
ARTICLE VI.
Civil Service
Section 28 - Commission, Creation of:
There is hereby established a Civil Service Commission of three members, who shall be appointed by the Mayor and
confirmed by Council, and who shall be citizens of the United States, residents of the City for at least one year preced-
ing such appointment. The currently seated members may serve their current terms. The term of office of such com-
missioners shall be for three years on staggered terms. Any vacancies in the commission shall be filled by the Mayor
and approved by Council for the unexpired term. Any member of said commission may be removed from office for
incompetency, incompatibility or dereliction of duty, malfeasance in office, or other good cause after charges in writ-
ing have been preferred, due notice given and a full hearing had in Superior Court unless such hearing is waived in
writing.
Section 29 - Commission, Rules and Powers:
(1) The Commission shall make such rules and regulations for the conduct of its business and to enforce the pur-
poses of this article as shall be necessary and proper.
(2) The Commission shall provide for the classification of all employees subject to this Article.
(3) All full time paid employees of the Fire and Police departments of the City shall be included under the pro-
visions of this Article, and all existing provisions of state law pertaining to such employees shall be substantially com-
plied with by the Commission. All other full time employees shall be included under the provisions of this Article
unless excluded in Section 31.
(4) The Commission, among other things, shall provide for open competitive examination as to fitness for an eli-
gibility list from which vacancies shall be filled; for a period of probation before employment is made permanent; and
for promotion on the basis of merit, experience, and record. Promotional processing/testing fees shall not be charged.
(Revised 3/05)Charter-8
(5) Employees within the scope of this Article who are in office at the time of the adoption of this Charter shall
retain their positions, unless removed for cause.
(6) The Commission, among other things, shall provide for rules and procedures to ensure employees due process
in regard to any proposed disciplinary action.
Section 30 - Civil Service Officer:
The Commission shall provide for the selection of a civil service officer by the Mayor, with Council confirmation who
shall also serve as secretary.
Section 31 - Employees Included in Civil Service:
(1) The following employees shall be included in Civil Service:
(a) All full time paid employees of the Fire and Police departments of the City unless specifically excluded
or exempt by the City as may be provided by law.
(b) All other full time employees not exempt in Section 31(2) below.
(2) There shall be exempt from the operation of this article the following: elected officials, appointive officers
not covered in Section 31(1) above, management and professional employees, all non-salaried members of appointive
boards and commissions, and any other employee exempt from the operation of this Article by the Council.
ARTICLE VII.
Boards, Commissions and Committees
Section 32 - Member Residency Requirement:
The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit
Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees
established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen
years of age, unless otherwise provided by ordinance. Any member of a board, commission and committee established
by ordinance or charter who is not a resident of the City at the time this provision takes effect shall serve out the balance
of the term for which appointed.
ARTICLE VIII.
Recall, Initiative and Referendum
Section 33 - Recall:
The holder of any elective office may be recalled and removed from said office as provided in Chapter 29.82 RCW.
Section 34 - Initiative and Referendum:
(1) The powers of initiative and referendum shall be exercised in the manner set forth in RCW 35.17.240 through
35.17.360.
(2) No ordinance heretofore or hereafter enacted by vote of the people shall be amended or repealed by the Coun-
cil unless such amendatory or repealing ordinance shall be submitted to the qualified electors for their approval or
rejection in the same manner as is required by this section in respect to the submission of an ordinance initiated or
referred.
Charter-9 Revised 3/05)
ARTICLE IX.
Franchises
Section 35 - Franchises - Term - Renewal:
No franchise shall ever be granted for a term longer than ten years, excepting upon a majority vote of the electors, and
in no event will a franchise be granted for a period longer than fifty years, nor any franchise be renewed or extended
until within two years of the expiration thereof.
Section 36 - Franchise - Compensation - Publication:
All franchises shall be granted by ordinance and shall specify plainly the streets or other public places or parts thereof
to which they apply, and no franchise shall be provided without provision for proper compensation to the City therefor.
Council shall adopt such mode of determining the compensation to be paid by such grantee as it shall determine to be
reasonable and just. Every applicant for a franchise shall bear all expenses of advertising and submitting the proposed
ordinance, including the expense of election, if any.
Section 37 - Franchise - Council Rights:
The grant of every franchise shall be made expressly subject to the condition that Council shall have the right with
respect to any franchise so granted to hear and determine what are just, fair and reasonable rates, fares and charges for
public service unless regulated by the State or Federal government, and to order that only reasonable charges shall be
imposed; to require reasonable extensions of any public service system; to make such rules and regulations as may be
required to secure adequate and proper service, and to provide sufficient accommodation for the public; to repeal,
amend or modify the same; to cancel, forfeit and abrogate the same if the franchise is not operated or exercised in full
accordance with its provisions, or any part thereof, or at all; to acquire by purchase or condemnation upon a majority
vote of the electors for the use of the City itself or its inhabitants, the property of the grantee at a fair and just value,
which shall not include any valuation of the franchise, which shall thereupon terminate.
Section 38 - Franchise - Transfers:
No franchise shall be transferred, sold or leased without the consent of Council, under such terms and conditions as
the Council may impose.
ARTICLE X.
Miscellaneous
Section 39 - Legal Continuity:
All ordinances and resolutions consistent with this Charter shall remain in effect until amended or repealed or until
they expire by limitation. All rights and obligations in favor of or against the City existing at the time this Charter shall
go into effect shall continue without modification. All street and other improvements, all vacations of public streets,
alleys or places, all assessments for improvements, all suits and actions in court, all fines and forfeitures and all other
matters relating to the City that may have been begun and not completed, shall be completed according to the charter,
ordinances and law existing prior to the time this Charter shall go into effect, and all taxes and assessments levied and
remaining unpaid when this Charter will go into effect, shall be collected as provided by ordinances and laws existing
and in effect at the time same were levied.
Section 40 - Employment Continuity:
Whenever by the provisions of this Charter duties and functions are transferred to a different department, board or
office, the employees engaged in the performance of such duties and functions at the time this Charter goes into effect,
shall be transferred accordingly and be deemed to have been regularly appointed to the respective positions involved
in the performance of such duties and functions, until removed therefrom in accordance with the provisions of this
Charter.
(Revised 3/05)Charter-10
Section 41 - Report - Requisites of Claim - Time Limitations:
All claims for damages for personal injuries or for injuries to property sustained by any act of the City or any officer,
agent, servant, or employee, must be filed with the City Clerk. All such claims for damages must be in writing and
verified and must accurately locate and describe the act causing the injury, describe the injury, giving the residence for
six months last past of the claimant and contain the items of damage claimed. No action shall be maintained against
the City for a claim for tort damages until the claim has been filed with the City Clerk and the time specified by State
Law has elapsed after such presentation.
ARTICLE XI.
Amendments
Section 42 - Conform to State Law:
Amendments of this Charter shall follow and conform to the procedures set forth in the State Constitution and Laws
of the State of Washington.
Section 43 - Charter Amended - Effective Date:
Amended by a vote of the people during the general election held November 2, 2004 with an effective date of February
1, 2005.
2.02-1 (Revised 3/05)
Chapter 2.02
CITY COUNCIL
Sections:
2.02.010 REGULAR MEETINGS.
2.02.020 SPECIAL MEETINGS.
2.02.030 COMMITTEES.
2.02.040 RULES AND PROCEDURES.
2.02.050 COUNCIL MEMBER SALARY
SCHEDULE.
2.02.010 REGULAR MEETINGS.
(a) Regular Meetings. The time and place of the
regular meeting of the City Council required by Charter
shall be each Wednesday at 5:30 p.m. at the designated
Council Chambers or the City Council Conference
Room, City Hall, Bremerton, Washington, or any other
place within the corporate limits of the City as provided
in the public notice of meeting, except as follows:
(1) There shall be no regular meeting of the
City Council during the week of Thanksgiving.
(2) If at any time any regular meeting of the
City Council falls on a legal holiday, then pursuant to
RCW 42.30.070 such regular meeting shall be held on
the next business day.
(3) The City Council may, at its discretion,
cancel a regular meeting due to circumstances deemed
warranted by the Council by providing notice of cancel-
lation in the same manner as notice of agendas of regular
council meetings pursuant to subsection (b) of this sec-
tion.
(b) Agendas and Notice of Regular Meetings. A
regularly scheduled City Council meeting may consist
of a business meeting and/or study session, a combina-
tion thereof, or any other format as established by the
City Council. Notices of agendas of all regular meetings
shall be posted at City Hall and delivered to the local
television station and local newspaper of general circu-
lation by mail, facsimile or other similar means. Agen-
das for City Council business meetings shall be in a
format established by City Council rules and proce-
dures.
(c) Pre-Council Meetings. The City Council shall
meet at 5:00 p.m. on the same day, immediately prior to
the regular weekly council meetings, for a pre-Council
meeting to discuss the agenda for such regular meeting
and/or other administrative matters. (Ord. 4928 §1,
2005; Ord. 4889 §2, 2004; Ord. 4805, Amended,
06/16/2002; Ord. 4765, Amended, 07/06/2001; Ord.
4666, Amended, 10/17/1999; Ord. 4129 §1, 1987; Ord.
3760, 1982; Ord. 3392 §1, 1977; Ord. 2987 §1, 1971;
Ord. 2669 §1 (in part), 1966. Formerly 2.04.010)
2.02.020 SPECIAL MEETINGS.
Pursuant to RCW 42.30.080, special meetings of
the City Council may be held, after public notice has
been given, at a time and place as specified in the notice
of meeting. (Ord. 4928 §1, 2005)
2.02.030 COMMITTEES.
The City Council may, by rule or procedure, estab-
lish Council committees, and procedures for such com-
mittees, to assist the City Council in conducting its
business. (Ord. 4928 §1, 2005)
2.02.040 RULES AND PROCEDURES.
The City Council may adopt any rules and proce-
dures it deems appropriate to implement the provisions
of the City Charter and this chapter relating to Council
meetings and Council business. (Ord. 4928 §1, 2005)
2.02.050 COUNCIL MEMBER SALARY
SCHEDULE.
Council member salary schedules shall be estab-
lished and filed with the City Clerk by the Bremerton
Citizen’s Commission on Council Salaries pursuant to
the Charter. (Ord. 4928 §1, 2005; Ord. 4889 §2, 2004;
Ord. 4805, Amended, 06/16/2002; Ord. 4611, Added,
01/01/1998. Formerly 2.04.020)
2.14-1 (Revised 3/05)
Chapter 2.14
INVESTMENT COMMITTEE
Sections:
2.14.010 INVESTMENT COMMITTEE
AUTHORITY.
2.14.020 MEETINGS.
2.14.030 FUND INVESTMENTS -
INTERFUND LOANS.
2.14.040 INVESTMENT POLICIES.
2.14.050 REPORTS.
2.14.010 INVESTMENT COMMITTEE
AUTHORITY.
As contemplated by RCW 35.39.032 there is cre-
ated an Investment Committee composed of the Mayor,
Financial Services Director, Finance Officer, and two
City Council members as determined by the City Coun-
cil, which Committee is authorized on behalf of the City
to invest all monies in the City Treasury which, in the
judgment of the Committee, are in excess of current City
needs or which are contained in inactive funds. The
Committee may, in its discretion, include as a non-vot-
ing member of the Committee an individual chosen
from the public sector with appropriate technical exper-
tise. The Finance Officer is directed to implement the
Investment Committee’s decisions and to hold such
investments for the credit of the funds for which pur-
chased.
The Finance Officer is authorized to convert the
securities, or any part thereof, into cash. (S)he shall
report to the City Investment Committee, monthly, all
investment transactions and shall be subject to the guid-
ance and control of the Committee.
The City Attorney, or an Assistant City Attorney,
shall be the legal advisor to the Committee. (Ord. 4928
§2, 2005; Ord. 4120 §1 1987; Ord. 3955 §1, 1985)
2.14.020 MEETINGS.
The Investment Committee shall annually elect the
chairperson of the committee. The Investment Commit-
tee shall meet monthly. Any voting member may call a
special meeting by giving notice to all members. (Ord.
3955 §2, 1985)
2.14.030 FUND INVESTMENTS -
INTERFUND LOANS.
The Investment Committee may, in its discretion:
(a) Determine which funds shall be invested on an
individual fund basis and which funds shall participate
within one (1) or more common investment portfolio(s);
(b) Apportion earnings and losses to those funds
participating in a common investment portfolio. Those
funds shall receive a return in proportion to the amount
of money earned by each, and the remainder shall be
allocated to the general fund, as authorized by state law.
(c) The Investment Committee shall submit to the
City Council a resolution establishing general criteria
and procedures for interfund loans which shall, at a min-
imum, include the criteria set forth in Part 3, Chapter 4,
§A of the BARS Manual;
(d) The Finance Officer shall make all interfund
loans in accordance with the resolution establishing
general interfund criteria and procedures and shall
obtain council approval prior to consummation of the
loan by resolution. (Ord. 4928 §3, 2005; Ord. 3955 §3,
1985)
2.14.040 INVESTMENT POLICIES.
(a) The City’s common investment portfolio(s)
shall be managed to further this financial objective: To
maximize the City’s return on investment dollars con-
sistent with sound investment principles;
(b) The investment committee shall only authorize
the types of investments set forth by state law and which
are in accord with the U.S. Internal Revenue Code and
other appropriate authorities. All investments shall be
made in accord with Article V, §25 of the Bremerton
City Charter;
(c) The investment committee shall develop such
policies and procedures as are necessary to facilitate the
investment process. (Ord. 3955 §4, 1985)
2.14.050 REPORTS.
(a) Annual. An annual investment plan regarding
the City’s investment program for the ensuing fiscal
year shall be prepared by the committee for adoption by
the City Council by resolution. The report, due no later
than October 15th, shall present a complete investment
plan including a discussion of the current market for
investments, an analysis of portfolio liquidity vis-a-vis
anticipated cash needs, and a forecast of anticipated
yields for the ensuing year. This annual investment plan
shall incorporate any proposed revisions to City invest-
ment policies which the committee shall find advisable,
including, but not limited to, apportionment of interest
by fund and for interfund loans. An annual evaluation
report, due no later than April 1st, shall also assess the
City’s performance in meeting its goals and compare its
performance with the results of investments by other
governmental entities in Washington.
(b) Monthly. After the end of each month, the
investment committee shall make a monthly report to
the City Council of all investment transactions, which
report shall describe any material change in the City’s
investment portfolio and its investment practices. (Ord.
3955 §5, 1985)
2.18-1 (Revised 3/05)
Chapter 2.18
AUDIT COMMITTEE AND CITY AUDITOR
Sections:
2.18.010 PURPOSE.
2.18.015 SCOPE OF WORK.
2.18.020 MEMBERSHIP.
2.18.030 TERM.
2.18.040 VOTING AND CONFLICT OF
INTEREST.
2.18.050 MEETINGS.
2.18.060 REPORTING.
2.18.070 CONFIDENTIALITY.
2.18.080 REMOVAL.
2.18.090 PROCEDURES.
2.18.010 PURPOSE.
The purpose of the Audit Committee, as provided in
the Charter of the City of Bremerton, Article III, Section
18, shall be to assure elected City officials and manage-
ment that the internal auditing of the municipality and
its departments, programs and activities is performed in
accordance with standards for the practice of internal
auditing and with professional standards of conduct.
“Internal Auditing is an independent, objective assur-
ance and consulting activity designed to add value and
improve an organization’s operations. It helps an orga-
nization accomplish its objectives by bringing a system-
atic disciplined approach to evaluate and improve the
effectiveness of risk management, control, and gover-
nance processes” as defined by the institute of Internal
Auditors.
To this end, the Committee will:
(a) Conduct annual appraisals of the City Audi-
tor’s performance as to effectiveness and efficiency;
including a comparison of planned and actual audits;
(b) Review and approve the internal audit work
schedule and planned budget for the coming year;
(c) Review results of external and internal audits,
prior to release of internal audit reports, with specific
attention to:
(1) Restrictions;
(2) Cooperation received;
(3) Audit findings;
(4) Audit recommendations;
(d) Review and approve appropriate special audit
requests;
(e) Review and recommend revisions to policies
relating to unethical and illegal procedures;
(f) Ensure the City Auditor’s independence of
management;
(g) Meet regularly with the City Auditor;
(h) Help to assure that management is exercising
due professional care. (Ord. 4779, Amended,
11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18.015 SCOPE OF WORK.
The three (3) fundamental characteristics of inter-
nal auditing function include (1) risk assessment and
control, (2) operations: effectiveness, efficiency, and
improvement, and (3) compliance with laws regula-
tions, and contracts.
The scope of internal auditing will include but not
be limited to:
(a) Assurance Services - traditional audits, investi-
gations and testing, performance evaluation, limited
assurance.
(b) Consulting and operations improvement ser-
vices - Business process reviews, internal control educa-
tion and other training as requested and approved by
Audit Committee, and self-assessments reviews.
(c) Ethics Compliance reviews per Chapter 2.96
BMC and compliance with all applicable Federal, State
and local laws and regulations.
(d) Serve as a liaison between external auditors to
assure audit coordination. (Ord. 4779, Added,
11/26/2001)
2.18.020 MEMBERSHIP.
(a) There shall be an Auditing Committee consist-
ing of two (2) Council members and an independent
Certified Public Accountant to be designated by Coun-
cil, and two (2) Bremerton residents selected by the des-
ignated members of the Audit Committee. The City
Council may designate, by majority vote, one (1) alter-
nate member to serve in the absence of either or both of
the appointed Council Members.
(b) The Audit Committee shall appoint the City
Auditor to serve at the pleasure of the Audit Committee.
The City Auditor shall only be removed by the majority
vote of the entire membership of the Committee sitting
as a whole.
(c) In order to foster continuity, during the first
meeting in January, the Committee shall elect one (1) of
its members as Chairperson and one (1) as Vice Chair-
person to serve a term of one (1) year. The Chairperson,
or in his or her absence the Vice Chairperson, will con-
duct the order of business at meetings, coordinate com-
munications of the committee, approve the Auditor’s
payroll and expenses, and perform all other duties as
specified by the Committee. (Ord. 4911 §1, 2004; Ord.
4779, Amended, 11/26/2001; Ord. 4681, Added,
12/31/1999)
2.18.030 TERM.
Audit Committee members shall serve terms as fol-
lows:
(Revised 3/05)2.18-2
(a) The two (2) Bremerton residents selected by
the other members of the Audit Committee shall serve
three (3) year terms. The first two (2) appointments shall
be made as follows: one (1) currently sitting resident
(Citizen Position #1) shall expire on December 31,
2000; and the second currently sitting resident (Citizen
Position #2) shall expire on December 31, 2001. At the
expiration anniversary date of each term, a resident
appointee shall be appointed for a three (3) year term
thereafter. Residents may be appointed to an unlimited
number of terms.
(b) The Council members appointed by the Coun-
cil shall serve for a term up to the unexpired term of their
current elected office, and may be re-appointed during
successive terms of elected office.
(c) The independent Certified Public Accountant
selected by Council shall serve a three (3) year term,
which shall expire on December 31, 2002, and may be
re-appointed for an unlimited number of terms.
The City Auditor shall be a permanent ex officio
member of the Audit Committee.
In the event that any member does not serve a full
term, either by resignation or removal, a replacement
shall be selected by the original appointing authority to
serve the remainder of the term. (Ord. 4779, Amended,
11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18.040 VOTING AND CONFLICT OF
INTEREST.
(a) Decisions of the Committee shall be by major-
ity vote of the members in attendance except that if a tie
vote occurs the City Auditor may cast a tie-breaking
vote. A Committee member may abstain from voting at
will or may be requested by Committee consensus to
abstain from voting on issues that are sensitive to that
member’s area of control or influence.
(b) When a department which is directly repre-
sented by an Audit Committee member is the subject of
a particular audit, that member of the Committee will be
excluded from participating in that portion of the Audit
Committee agenda affecting that department and will
also be prohibited from being present during any Audit
Committee discussion of that audit, whether it concerns
the interim report, scope or final release of a report.
(c) There shall be no voting by proxy except that
any member who will be absent may prepare a written
statement of position to the Chairperson in advance of
any meeting to be read to the members present during
that meeting. (Ord. 4911 §2, 2004; Ord. 4779,
Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18.050 MEETINGS.
The Audit Committee shall meet on the second
Thursday of each month. Audit Committee meetings
shall commence at 4:00 p.m. in the City Council Confer-
ence Room. In the event the regularly scheduled meet-
ing falls on a holiday, the Audit Committee shall meet
on the third Thursday of the month. By majority vote,
and upon notice to the public, a different time or date or
place of a regularly scheduled meeting may be desig-
nated by the Committee. (Ord. 4779, Amended,
11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18.060 REPORTING.
The Audit Committee shall issue periodic reports to
the City Council and Mayor and will advise City Coun-
cil and Mayor at any time and on any issue that the Com-
mittee deems essential for the effective performance of
duties and decisions by them, provided that:
(a) The Committee and the parties will comply
with Chapter 42.17 RCW (Public Disclosure Laws).
(b) The Committee shall present to the Council
and the City Mayor, on a yearly basis, the City Auditor’s
summary of audits performed, reported upon, and
responded to by management.
The City Auditor shall report administratively and
functionally to the Audit Committee. In carrying out
duties and responsibilities, the City Auditor shall have
full, free and unrestricted access to all City activities,
records, property and personnel.
The City Auditor will advise the Audit Committee,
at regular meetings and upon request, of the audit work
anticipated, scheduled and/or performed. To this end:
(a) The City Auditor shall prepare projected
schedules for each quarter with the underlying, pro-
posed objective statement and scope of audit work for
each audit, for Committee review and approval.
(b) The City Auditor may discuss audit objectives
with the Audit Committee and relevant management
before the start date of an audit and as needed.
(c) The City Auditor may discuss audit findings
with the appropriate management during the course of
an audit and with the Committee as deemed necessary,
however, Audit Committee reserves the privilege of
reviewing written reports to the auditees before such
reports are issued and routed; provided, that the review
privilege shall not exceed five (5) days from report com-
pletion. Distribution will then be to the Mayor, City
Council, Treasurer and responsible department head,
and to others as directed by the Audit Committee. A
public copy will be maintained in the City Council
Office.
(d) All responses to audit reports shall be to the
City Auditor in writing and within twenty (20) working
days. Both the report and response shall be submitted to
the Council through the Audit Committee in a timely
manner.
(e) Upon official submittal to the Council, the
report and response will no longer be exempt from pub-
lic disclosure.
(f) The City Auditor will ensure adequate and
appropriate auditee response to audit findings through
2.18-3 (Revised 3/05)
follow-up and will update summaries accordingly. (Ord.
4779, Amended, 11/26/2001; Ord. 4681, Added,
12/31/1999)
2.18.070 CONFIDENTIALITY.
All employees and the auditee involved in an inves-
tigation by the City Auditor are subject to strict confi-
dentiality.
In order to protect the integrity of the Internal Audit
function, members of the Audit Committee will be held
to a strict standard of confidentiality. Strict confidential-
ity will be maintained for any communication between
the City Auditor and Committee members or between
individual Committee members, regardless of whether
the communication is generated during an Audit Com-
mittee meeting.
It is further understood that the City Auditor is to
retain all confidences obtained from managers during
performance of an audit. The City Auditor will commu-
nicate confidences obtained during an audit at the time
a report is presented to the Audit Committee if such
information is significant to the report conclusions and
findings, or if it is relevant and necessary to a request of
the Committee to change the scope of an audit or to dis-
continue a particular audit.
Confidences, which relate to illegal activities, shall
be immediately communicated to the City Attorney
and/or State Auditor. (Ord. 4779, Amended,
11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18.080 REMOVAL.
The Audit Committee may request the removal of a
member by majority vote of the entire membership of
the Committee sitting as a whole, to the appointing
authority of that member. (Ord. 4779, Amended,
11/26/2001; Ord. 4681, Added, 12/31/1999)
2.18.090 PROCEDURES.
The Audit Committee and the City Auditor may
adopt such policies, procedures, and directives as are
necessary to fulfill the purposes of their functions. Pro-
posed policies, procedures and directives shall be pre-
sented to the Audit Committee during a meeting open to
the public, and may be approved upon a majority vote of
the Audit Committee. Copies shall be maintained in the
City Council Office. (Ord. 4779, Amended, 11/26/2001;
Ord. 4681, Added, 12/31/1999)
3.01-1 (Revised 3/05)
Chapter 3.01
RATES AND FEES
Sections:
3.01.010 INCORPORATION OF RATE
TABLES.
3.01.020 ADMINISTRATIVE SERVICES -
RATE TABLE A.
3.01.030 MUNICIPAL COURT - RATE
TABLE B.
3.01.040 COMMUNITY DEVELOPMENT
- RATE TABLE C.
3.01.050 POLICE DEPARTMENT - RATE
TABLE D.
3.01.060 FIRE DEPARTMENT - RATE
TABLE E.
3.01.070 PARKS AND RECREATION
DEPARTMENT - RATE TABLE
F.
3.01.080 PUBLIC WORKS AND
UTILITIES - RATE TABLE G.
3.01.100 NON-RESIDENTIAL USE OF
CITY SERVICES.
3.01.010 INCORPORATION OF RATE
TABLES.
The following Rate Tables A through G attached to
the ordinance codified in this chapter are incorporated
herein by this reference and hereby adopted.
Where the City has adopted State codes pursuant to
Chapters 17.04 and 18.02 of the Bremerton Municipal
Code, State rates listed for the Uniform Building,
Plumbing, Mechanical and Fire Codes are adopted as
City rates as listed in Tables C and E and are subject to
uniform rate changes made by the State. (Ord. 4880 §1
(in part), 2003; Ord. 4730, Reaffirmed, 11/30/2000;
Ord. 4677, Added, 12/11/1999)
3.01.020 ADMINISTRATIVE SERVICES -
RATE TABLE A.
Regulatory License Fees
Business License Fees
Parking Fees
Utility/Lien Search Fees
Document Reproduction
Check Handling Fee
(Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4869 §1,
2003; Ord. 4859 Exh. A, 2003; Ord. 4835, Amended,
12/20/2002; Ord. 4807, Amended, 06/28/2002; Ord.
4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999)
3.01.030 MUNICIPAL COURT - RATE
TABLE B.
Hearing Examiner Appeal
Parking Fines
(Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4865
Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.040 COMMUNITY DEVELOPMENT -
RATE TABLE C.
Subdivisions
Shoreline Master Program
State Environmental Policy Act (SEPA)
Site Plan Review
Appeal
Abatements
Building Permit Fees
Plan Review Fees
Mechanical Permit Fees
Plumbing Permit Fees
Grading Permit and Plan Review Fees
Zoning
Comprehensive Plan
(Ord. 4908 §1, 2004; Ord. 4906 §3, 2004; Ord. 4880 §§1
(in part), 2 (in part), 2003; Ord. 4730, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999)
3.01.050 POLICE DEPARTMENT - RATE
TABLE D.
Traffic Accident Reports
Fingerprints
Criminal History Check
Verification Letter for Lost or Stolen Property
Photo Prints
Licenses for Dogs and Cats
Alarm Compliance Fee
Service Fee for Anti-Harassment Order
Service of Arrest Warrants and Subpoenas
(Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4810,
Amended, 09/14/2002; Ord. 4807, Amended,
06/28/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord.
4677, Added, 12/11/1999)
3.01.060 FIRE DEPARTMENT - RATE
TABLE E.
Ambulance Transport Fee
EMS Service Call to Assisted Living, Long Term
Care and Adult Care Facilities
Fire Rescue Boat Response
Hazard Materials Response
Stand-By Time
Active Firefighting
False Alarm Fee
(Revised 3/05)3.01-2
Sprinkler/Fire Alarm Plans
(Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part),
2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730,
Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.070 PARKS AND RECREATION
DEPARTMENT - RATE TABLE F.
Facility Use Rental Rates
Sheridan Community Center
Bremerton Senior Citizens Center
Jarstad Aquatic Center
Evergreen Park Shelters
Athletic Field
Blueberry Park - Pea Patch
Program Fees and Charges
Jarstad Aquatic Center
Athletic Programs
Bremerton Senior Citizens Center/Recreation Pro-
grams
Ivy Green Cemetery
Gold Mountain Golf Complex
(Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part),
3 (in part), 2003; Ord. 4835, Amended, 12/20/2002;
Ord. 4803, Amended, 05/03/2002; Ord. 4730,
Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674,
Amended, 11/30/1999)
3.01.080 PUBLIC WORKS AND UTILITIES -
RATE TABLE G.
Right-of-Way Permits
Right-of-Way Vacation
Telecom Master Permit Fee
Telecom License Fee
Utility/Lien Search Fee
(Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835,
Amended, 12/20/2002; Ord. 4730, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999)
3.01.100 NON-RESIDENTIAL USE OF CITY
SERVICES.
Non-City residents shall pay the rates shown on
Rate Table F multiplied by one hundred twenty percent
(120%) with the exception of daily admission fees and
merchandise for sale. (Ord. 4880 §1 (in part), 2003; Ord.
4731, Reaffirmed, 11/30/2000; Ord. 4678, Added,
12/11/1999)
3.01-C1 (Revised 3/05)
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
RATE
C. DEPARTMENT OF COMMUNITY DEVELOPMENT
1. SUBDIVISIONS
Short $1,000.00 + $150.00 per lot
Long Plat $2,500.00 + $150.00 per lot
Final Plat $315.00
2. SHORELINE MASTER PROGRAM
Substantial Development Permit $650.00
Conditional Use Permit $1,750.00
Shoreline Variance $1,750.00
Permit Revision $325.00
Shoreline Exemption $200.00
3. STATE ENVIRONMENTAL POLICY ACT (SEPA)
Checklist $320.00
Environmental Impact Statement Review/Adoption
$650.00 + additional cost of
expertise
4. SITE PLAN REVIEW
Four or Less Residential Units $250.00
Others $500.00
5. APPEAL
To Hearing Examiner $175.00
6. ABATEMENTS
Dangerous Building
$900.00 + direct service and
supply cost
Garbage & Weed
$640.00 + direct service and
supply cost
7. BUILDING PERMIT FEES - Refer to Exhibit 1
8. PLAN REVIEW FEES 65% of the building permit
fee as set forth in Exhibit 1
9. MECHANICAL PERMIT FEES - Refer to Exhibit 2
10. PLUMBING PERMIT FEES - Refer to Exhibit 3
11. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4
12. ZONING ORDINANCE
Ordinance Amendments
Text $740.00
Rezone (Map Amendment) $740.00
Variance
Administrative $325.00
Public Hearing/Single-Family $500.00
(Revised 3/05)3.01-C2
Public Hearing/Other $1,750.00
Planned Unit Development
Residential Only $1,500.00 +
$100.00/DU
Industrial, Commercial, Mixed Use or Other $2,500.00 +
$100.00/DU +
$100.00/acre
Development Agreements $1,600.00
Special Use Permit
Administrative (No public hearing) $350.00
Hearing Examiner/SF Residential $500.00
Hearing Examiner/Other $1,750.00
Non-Conforming Use Determination $275.00
Director’s Code Interpretation $175.00
Zoning Verification Letter $125.00
13. COMPREHENSIVE PLAN
Text or Map Amendment $1,500.00
Combined Text and Map Amendment $2,500.00
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-C3 (Revised 3/05)
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 1
BUILDING AND OTHER PERMIT FEES
TOTAL VALUATION FEE
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction
thereof, to and including $2,000.00
$2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or
fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or
fraction thereof, to and including $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or
fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or
fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or
fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00,
or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours.....................................................................................$47.00 per hour1
(minimum charge - two (2) hours)
2. Reinspection fees assessed under provisions of this chapter shall be as follows
(per inspection): ...................................................................................................................................$49.50 per hour1
3. Inspections for which no fee is specifically indicated...........................................................................$47.00 per hour1
(minimum charge - one-half hour)
4. Additional plan review required by changes, additions or revisions to plans.......................................$47.00 per hour1
(minimum charge - one-half hour)
5. For use of outside consultants for plan checking and inspections, or both...............................................Actual Costs2
6. Mobile home setup fees
Double Wide.......................................................................................................................................................$150.00
Triple Wide.........................................................................................................................................................$200.00
7. Moved Building Permit Fee (not including other required permits) ....................................................................$100.00
8. Energy Code Plan Review Surcharge for New Single-Family Residences..........................................................$50.00
9. Fence Building Permit Fee per BMC 21.02.230...................................................................................................$25.00
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
2Actual costs include administrative and overhead costs.
(Revised 3/05)3.01-C4
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 2
MECHANICAL PERMIT FEES
Permit Issuance and Heaters
1. For the issuance of each mechanical permit $23.50
2. For issuing each supplemental permit for which the original permit has not
expired, been canceled or finaled $7.25
Unit Fee Schedule (Note: The following do not include permit-issuing fee)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance, up to and
including 100,000 Btu/h (29.3 kW) $14.80
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance over 100,000
Btu/h (29.3 kW)$18.20
For the installation or relocation of each floor furnace, including vent $14.80
For the installation or relocation of each suspended heater, recessed wall
heater or floor-mounted unit heater $14.80
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent installed
and not included in an appliance permit $7.25
3. Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance,
refrigeration unit, cooling unit, absorption unit, or each heating, cooling,
absorption or evaporative cooling system, including installation of controls
regulated by the Mechanical Code $13.70
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and including
three horsepower (10.6 kW), or each absorption system to and including
100,000 Btu/h (29.3 kW) $14.70
For the installation or relocation of each boiler or compressor over three
horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each
absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000
Btu/h (146.6 kW)$27.15
For the installation or relocation of each boiler or compressor over 15
horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each
absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000
Btu/h (293.1 kW)$37.20
For the installation or relocation of each boiler or compressor over 30
horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each
absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000
Btu/h (512.9 kW)$55.45
For the installation or relocation of each boiler or compressor over 50
horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9
kW)$92.65
3.01-C5 (Revised 3/05)
5. Air Handlers
For each air-handling unit to and including 10,000 cubic feet per minute (cfm)
(4719 L/s), including ducts attached thereto
Note: This fee does not apply to an air-handling unit which is a portion of a
factory-assembled appliance, cooling unit, evaporative cooler or absorption
unit for which a permit is required elsewhere in the Mechanical Code $10.65
For each air-handling unit over 10,000 cfm (4719 L/s) $18.10
6. Evaporative Coolers
For each evaporative cooler other than portable type $10.65
7. Ventilation and Exhaust
For each ventilation fan connected to a single duct $7.25
For each ventilation system which is not a portion of any heating or air-
conditioning system authorized by a permit $10.65
For the installation of each hood which is served by mechanical exhaust,
including the ducts for such hood $10.65
8. Incinerators
For the installation or relocation of each domestic-type incinerator $18.20
For the installation or relocation of each commercial or industrial-type
incinerator $14.50
9. Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical Code
but not classed in other appliance categories, or for which no other fee is listed
in the table $10.65
For each gas piping system of 1 - 5 outlets $6.25
For each additional gas piping system outlet, per outlet $1.25
Other Inspections and Fees
Inspections outside of normal business hours, per hour (minimum charge - two
hours)$49.501
Reinspection fees assessed under provisions of this chapter shall be as
follows (per inspection): $49.50
1
Inspections for which no fee is specifically indicated, per hour (minimum
charge - one-half hour) $49.50
1
Additional plan review required by changes, additions or revisions to plans or
to plans for which an initial review has been completed (minimum charge -
one-half hour)$49.501
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 2
MECHANICAL PERMIT FEES
(Revised 3/05)3.01-C6
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 3
PLUMBING PERMIT FEES
Permit Issuance
1. For issuing each permit $20.00
2. For issuing each supplemental permit $10.00
Unit Fee Schedule (in addition to items 1 and 2 above)
1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water,
drainage piping and backflow protection therefor)
$7.00
2. For each building sewer and each trailer park sewer $15.00
3. Rainwater systems - per drain (inside building) $7.00
4. For each cesspool (where permitted) $25.00
5. For each private sewage disposal system $40.00
6. For each water heater and/or vent $7.00
7. For each gas piping system of one to five outlets $5.00
8. For each additional gas piping system outlet, per outlet $1.00
9. For each industrial waste pretreatment interceptor including its trap and vent, except
kitchen-type grease interceptors functioning as fixture traps
$7.00
10. For each installation, alteration or repair of water piping and/or water treating
equipment, each
$7.00
11. For each repair or alteration of drainage or vent piping, each fixture $7.00
12. For each lawn sprinkler system on any one meter including backflow protection
devices therefor
$7.00
13. For atmospheric-type vacuum breakers not included in item 12:
1 to 5
Over 5, each
$5.00
$1.00
14. For each backflow protective device other than atmospheric-type vacuum breakers:
2 inch (51 mm) diameter and smaller
Over 2 inch (51 mm) diameter
$7.00
$15.00
15. For each graywater system $40.00
16. For initial installation and testing for a reclaimed water system $30.00
1
17. For each annual cross-connection testing of a reclaimed water system (excluding
initial test)
$30.001
18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific
gas
$50.00
19. For each additional medical gas inlet(s)/outlet(s) $5.00
Other Inspections and Fees
1. Inspections outside of normal business hours $30.00
1
2. Reinspection fee $30.00
3. Inspections for which no fee is specifically indicated $30.00
1
4. Additional plan review required by changes, additions or revisions to approved plans
(minimum charge - one-half hour)
$30.001
1Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of all the employees involved.
3.01-C7 (Revised 3/05)
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 4
GRADING PLAN REVIEW FEES
50 cubic yards (38.2 m3) or less No fee
51 to 100 cubic yards (40 m3 to 76.5 m3)$23.50
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3)$37.00
1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3)$49.25
10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5 m
3),
plus $24.50 for each additional 10,000 cubic yards
(7645.5 m3) or fraction thereof
100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m3) $269.75 for the first 100,000 cubic yards (76,455 m
3),
plus $13.25 for each additional 10,000 cubic yards
(7645.5 m3) or fraction thereof
200,001 cubic yards (152,912 m3) or more $402.25 for the first 200,000 cubic yards (152,911 m
3),
plus $7.25 for each additional 10,000 cubic yards
(7645.5 m3) or fraction thereof
Other Fees:
Additional plan review required by changes, additions or
revisions to approved plans (minimum charge - one-half hour) $50.50 per hour
1
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
GRADING PERMIT FEES1
50 cubic yards (38.2 m3) or less $23.50
51 to 100 cubic yards (40 m3 to 76.5 m3)$37.00
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 for the first 100 cubic yards (76.5 m
3), plus
$17.50 for each additional 100 cubic yards (76.5 m3) or
fraction thereof
1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $194.50 for the first 1,000 cubic yards (764.6 m
3), plus
$14.50 for each additional 1,000 cubic yards (764.6 m3)
or fraction thereof
10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $325.00 for the first 10,000 cubic yards (7645.5 m
3),
plus $66.00 for each additional 10,000 cubic yards
(7645.5 m3) or fraction thereof
100,001 cubic yards (76,456 m3) or more $919.00 for the first 100,000 cubic yards (76,455 m
3),
plus $36.50 for each additional 10,000 cubic yards
(7645.5 m3) or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours (minimum
charge - two hours) $50.50 per hour
2
2. Reinspection fees assessed under provisions of this
chapter shall be as follows (per inspection) $49.50 per hour
2
3. Inspections for which no fee is specifically indicated
(minimum charge - one-half hour) $50.50 per hour
2
1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the
original permit and the fee shown for the entire project.
2Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
3.01-E1 (Revised 3/05)
FIRE DEPARTMENT – RATE TABLE E
All Rates Listed Are “Not To Exceed” Fees
RATE
E. FIRE DEPARTMENT
1. AMBULANCE TRANSPORT FEE
ALS Residents $425.00
ALS Non-Residents $490.00
BLS Residents $360.00
BLS Non-Residents $420.00
Mileage $7.00/mile
2. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE
AND ADULT CARE FACILITIES
$100.00 after first response per
quarter
3. FIRE RESCUE BOAT RESPONSE
Resident $115.00
Non-Residents $200.00
4. HAZARD MATERIALS RESPONSE
Rice Hull Ash Actual Cost per Bag
Absorbent Pads Actual Cost per Bag
5. STAND-BY TIME
Per crew of 3 $98.00/hour
Fire Engine - Crew of 4 $115.00/hour
6. ACTIVE FIREFIGHTING
Fire Engine $121.00/hour
Aerial Ladder $200.00/hour
7. FALSE ALARM FEE $120.00 for second
$225.00 for 3 or more per quarter
8. SPRINKLER/FIRE ALARM PLANS UBC or IFC Rates*
*Uniform Building Code or International Fire Code
3.01-F1 (Revised 3/05)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
F. PARKS AND RECREATION DEPARTMENT
NON-RESIDENT FEE - BASE FEE PLUS 20%
1. FACILITY USE RENTAL RATES
Facility use policies apply
Appropriate taxes are included in rates unless otherwise noted
(a) SHERIDAN COMMUNITY CENTER – ROOM RENTAL RATES
(Group A) NON-COMMERCIAL – Rental Rates
Recreation and/or educational purposes only
Per hour, 2 hour minimum
Daytime (Monday – Friday - 8:00 AM to 5:00 PM)
Lounge $6.25
Room A, B, C, or Conference Room $5.00
Gym $15.00
Evenings (Monday – Friday - 5:00 PM to 10:00 PM)/Saturday and Sunday
Lounge $12.50
Room A, B, C $7.50
Conference Room $10.00
Gym $20.00
Party Package (Lounge & Gym) $25.00
Entire building – Up to 8 hours $400.00
Additional staff (per hour) $10.75
(Group B) COMMERCIAL – Rental Rates
Recreational and/or educational purposes only
Per hour, 2 hour minimum
Daytime (Monday – Friday - 7:30 AM to 5:30 PM)
Lounge $25.00
Room A, B, C $15.00
Conference Room $20.00
Gym $40.00
Party Package (Lounge & Gym) $50.00
Entire Building - Up to 8 hours $800.00
Additional Staff (per hour) $10.75
(Revised 3/05)3.01-F2
(b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES
Group A) NON-COMMERCIAL – Rental Rates
Room Rental Fees – per hour, 2-hour minimum
Cardroom/Meeting Room $15.00
Main Room $25.00
Kitchen $10.00
Additional staffing per hour $10.75
Entire Facility up to eight (8) hours $200.00
(Group B) COMMERCIAL – Rental Rates
Room Rental Fees – per hour, 2-hour minimum
Cardroom/Meeting Room $30.00
Main Room $50.00
Kitchen $20.00
Additional staffing per hour $16.25
Entire Facility – Up to 8 hours $400.00
(c) JARSTAD AQUATIC CENTER
(Group A) NON-COMMERCIAL – Rental Rates
Private - Non-Profit
Up to 50 participants Per hr $55.00
Staffing each added hr $10.00
51 - 100 Per hr $65.00
101 - 150+ Per hr $75.00
Gallery $5.00
Team
Deep Lanes Per hr per lane $3.25
Shallow Lanes Per hr per lane $2.25
Staffing Per hr as needed $15.00
School Lessons
Up to 35 students $55.00
36 - 45 students $65.00
46 - 55 students $75.00
(Group B) COMMERCIAL – Rental Rates
Commercial Per hr $66.00
Deep Lanes Per hr per lane $6.60
Shallow Lanes Per hr per lane $4.40
Staffing Per hr as needed $15.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F3 (Revised 3/05)
(d) EVERGREEN PARK SHELTERS – RESERVATION FEES
Four hour sessions per reservation unless noted.
Note - Shelter #4 is not reservable. Use of shelter #4 is on a first come/first served
basis.
Parties who have reserved the other Evergreen Park shelters may not use this shelter
at the same time.
(Group A) NON-COMMERCIAL – Rental Rates
Shelter 1 $30.00
Shelter 2, 3, 5, or 6f $15.00
Shelter 4 (not reservable) no charge
Upper NAD $15.00
Lent Landing $15.00
(Group B) COMMERCIAL – Rental Rates
Shelter 1 $60.00
Shelter 2, 3, 5, or 6 $30.00
Shelter 4 (not reservable) no charge
Upper NAD $30.00
Lent Landing $30.00
(e) PARK RESERVATION PROCESSING FEES
All Parks except Upper NAD and Lent Landing $10.00
(f) ATHLETIC FIELD – RESERVATIONS
Per hour unless noted
(Group A) NON-COMMERCIAL - Rental Rates $13.00
(Group B) COMMERCIAL - Rental Rates $24.00
Game Fee - Softball $24.00
Game Fee - Soccer $40.00
(g) BLUEBERRY PARK – PEA PATCH ANNUAL RATE
Recreational purposes only $34.00
2. PROGRAM FEES & CHARGES
(a) NEW PROGRAMS
Not to exceed
cost plus 25%
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 3/05)3.01-F4
(b) GLENN JARSTAD AQUATIC CENTER
ADMISSIONS
Youth (0 - 3 yrs.)NC
Youth (4 - 17 yrs.)$2.50
Adult (18 - 54 yrs.)$3.00
Seniors (55 & up)$2.50
Disabled $2.50
Adult Fitness $3.00
Senior Fitness $2.50
Disabled Fitness $2.50
Special Public $1.00
PUNCH CARDS
Youth 10 punch $20.00
Youth 20 punch $40.00
Adult 10 punch $24.00
Adult 20 punch $48.00
Senior/Disabled 10 punch $20.00
Senior/Disabled 20 punch $40.00
Fitness/Lesson 10 punch $24.00
Fitness/Lesson 20 punch $48.00
Senior/Disabled Fitness 10 punch $20.00
Senior/Disabled Fitness 20 punch $40.00
PASSES
Youth 6 months $108.00
Youth 12 months $207.00
Adult 6 months $132.00
Adult 12 months $253.00
Senior/Disabled 6 months $108.00
Senior/Disabled 12 months $207.00
SWIMMING LESSONS
Youth/Adult 30 minimum $3.50
Private 30 minimum $13.00
Semi-Private 30 minimum $20.00
Parent Tot $3.00
Family Lessons 4 lessons $68.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F5 (Revised 3/05)
ITEMS FOR SALE
Basic goggles $5.50
Deluxe goggles $13.00
Latex cap $3.50
Ear plug $2.25
Nose plug $2.25
New items
(includes Washington State Sales Tax)
Not to exceed
cost plus 75%
(c) ATHLETIC PROGRAM FEES
VOLLEYBALL
Co-ed (Fall & Winter) per team $210.00
Men and Women (Spring) per team $210.00
Men and Co-ed Sand (Summer) per team $110.00
Open Gym (Oct. - June) per person $2.00
SOCCER
Player’s fee per player $40.00
BASKETBALL
Men’s League (Fall & Winter) per team $425.00
Boy’s League (Winter) per team $225.00
Girl’s League (Fall) per player $55.00
Blacktop League (Summer) no charge
SOFTBALL
Men’s League (Spring) per team $450.00
Men’s League - Player’s fee (Spring) per player $17.00
Sunday Co-ed (Spring) per team $330.00
Sunday Co-ed - Player’s fee (Spring) per player $12.00
Co-ed League (Fall) per team $360.00
Co-ed - Player’s fee (Fall) per player $13.00
Men’s League (Fall) per team $360.00
Men’s League - Players fee (Fall) per player $13.00
TOURNAMENTS (SOFTBALL AND SOCCER)
- INVITATIONAL TOURNAMENTS
Lions - One Day $320.00
Lions - Two Days $450.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 3/05)3.01-F6
Lions - Three Days $580.00
Pendergast - One Day $390.00
Pendergast - Two Days $585.00
Pendergast - Three Days $715.00
- STATE TOURNAMENTS
Lions - One Day $370.00
Lions - Two Days $500.00
Lions - Three Days $610.00
Pendergast - One Day $490.00
Pendergast - Two Days $680.00
Pendergast - Three Days $810.00
- Regional and National Tournaments will pay no less than State fees, but rates will be
negotiated
3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS
(a) PROGRAM FEE FORMULAS. Except for the Senior Citizens’ Trip Program, participant
fees for activities (programs, classes, events, etc.) promoted by the Senior Citizen
Center and the Recreation Division are established by the following formulas:
A. Activities when the instructor is on the payroll.
[(Total class hours including preparation) x (Instructor’s hourly wage) x (1.2
Administration factor)] divided by (minimum # of students per activity) + (the cost of
group supplies divided by minimum # of students) + Cost of individual class supplies, if
applicable = Student class fee for City of Bremerton Resident.
B. Activities when the instructor is on contract.
[(Price per student required by the Instructor less class supply fees) x (1.2
Administration factor)] + Class supply fees = Student class fee for City of Bremerton
Resident.
C. Non-Resident Fees.
For recreation classes, programs, swim passes and rentals - ranging from:
$5.00 to $25.00 add on 20%
$25.01 to $50.00 add a flat $5.00
$50.01 to $100.00 add a flat $10.00
$100.01 to $200.00 add a flat $20.00
$200.01+ add a flat $40.00
For Senior Center activities, participants pay an annual membership fee of $5.50
(resident) or $11.00 (non-resident) in lieu of the 20% non-resident rate
(b) SENIOR CENTER TRIPS Actual costs plus
8%
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F7 (Revised 3/05)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
4. IVY GREEN CEMETERY - FEES AND CHARGES
RATE
RESIDENT
RATE
NON-RESIDENT
(a) ADULT BURIAL
Grave Site $840.00 $1,008.00
Opening/Closing $576.00
Liner $498.00 $597.60
Oversize Liner (if required) $746.40 $895.68
Grave Side Service Preparation (optional) $146.40 $175.68
(b) VETERANS PLOT
Opening/Closing $480.00 $576.00
Liner $498.00 $597.60
Oversize Liner (if required) $746.40 $895.68
Grave Side Service Preparation (optional) $146.40 $175.68
Stone Marker Setting $88.80 $106.56
Bronze Marker Setting $79.20 $95.04
(c) INFANT BURIAL
Infant Plot in Babyland $205.20 $246.24
Opening/Closing $319.20 $383.04
Liner $224.40 $269.28
Grave Side Service Preparation (optional) $146.40 $175.68
(d) DISINTERMENT
Removal & Opening of New Site $1,098.00 $1,317.60
Site Purchase $840.00 $1,008.00
Liner $498.00 $597.60
Removal (only) $722.00 $878.40
Cremaining $175.20 $210.24
(e) ADDITIONAL BURIAL COSTS
2 hour max. $146.40 $175.68
4 hour max. $292.80 $351.36
(f) LINERS
Adult $498.00 $597.60
Infant $224.40 $269.28
Cremation Vault (2 piece) $120.00 $144.00
Oversize Liner (if required) $746.40 $895.68
(Revised 3/05)3.01-F8
(g) OPENING AND CLOSING
Adult $480.00 $576.00
Infant (Babyland) $319.20 $383.04
Urn Interment (per urn) $87.60 $105.12
(h) BURIAL SITES
Adult $840.00 $1,008.00
Infant (Babyland) $205.20 $246.24
Infant (any site not in Babyland) $840.00 $1,008.00
(i) INURNMENT
Cement Vault $120.00 $144.00
Opening/Closing $87.60 $105.12
Grave Side Service Preparation (optional) $146.40 $175.68
Second Right of Inurnment $180.00 $216.00
(j) DISURNMENTS
Urn $175.20 $210.24
(k) RAISE GRAVE $117.60 $141.12
(l) MARKERS
5" x 8" bronze plus tax $66.00 $79.20
4" x 12" x 2" x 3" plus tax $72.00 $86.40
8" x 16" x 2" x 3" plus tax $78.00 $93.60
10" x 20" x 2" x 3" plus tax $84.00 $100.80
12" x 24" x 2" x 3" plus tax $90.00 $108.00
12" x 24" bronze plus tax $90.00 $108.00
12" x 36" x 2" x 3" plus tax $132.00 $158.40
14" x 36" x 2" x 3" plus tax $132.00 $158.40
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
3.01-F9 (Revised 3/05)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
5. GOLD MOUNTAIN GOLF COMPLEX
(a) CASCADE COURSE
Weekday 18 Holes*$28.00
Weekend/Holiday 18 Holes (3) $38.00
Weekday 9 Holes*$20.00
Weekend/Holiday 9 Holes $24.00
Weekday 9 Hole Continue* $8.00
Weekend/Holiday 9 Hole Continue $14.00
Twilight Weekday*$20.00
Twilight Weekend/Holiday $23.00
League Rate**$20.00
Senior 18 Holes*$23.00
Junior 18 Holes* $13.00
Junior Twilight Weekend/Holiday $13.00
Annual Pass Single $1,450.00
Annual Pass Couple $2,300.00
Annual Pass Family*** $2,300.00 plus
$200.00 per junior
Annual Pass Senior Single** $950.00
Annual Pass Senior Couple** $1,500.00
Semi Annual Single $725.00/$775.00
Semi Annual Couple $1,150.00/$1,200.00
Semi Annual Senior Single** $475.00/$525.00
Semi Annual Senior Couple** $850.00/$900.00
Senior Punch Card** (2) $190.00
Regular 20 Round Punch Card $475.00
Regular 10 Round Punch Card $258.00
Junior 10 Round Punch Card $85.00
Low-Income Senior Punch Card** **** (2) $85.00
Corporate Pass* (2) $2,200.00
Daily Private Cart $17.00
Annual Cart Fee $140.00
Shotgun Tournament (Not to Exceed) 18 Hole Green Fee $50.00
* Monday through Thursday
** Not for Saturday, Sunday or Holiday
*** From June through September, juniors may only play after 11:00 a.m. on
weekends and holidays
**** Age 62 & up with household income < $18,000.00. RCW 71.38.070
(Revised 3/05)3.01-F10
1. A reduced rate, not less than the current twilight rate, may be offered with the
approval of the Director of Parks & Recreation
2. May be used for twilight any day of the week including Holidays
3. Saturday, Sunday or Holiday (May – September Not to Exceed Rate)
(b) OLYMPIC COURSE
Weekday 18 Holes*$40.00
Weekend/Holiday 18 Holes (2) $55.00
Weekday 9 Holes*$23.00
Weekend/Holiday 9 Holes $33.00
Weekday 9 Hole Continue* $17.00
Weekend/Holiday 9 Hole Continue $22.00
Twilight Weekday*$22.00
Twilight Weekend/Holiday $26.00
Junior Twilight Weekend $20.00
League Rate** $20.00
Senior 18 Holes*$32.00
Junior 18 Holes*$22.00
Cascade Passes and Punch Cards $10.00
Shotgun Tournament (Not to Exceed 18 Hole Green Fee) (2) $68.00
* Monday through Thursday
** Not for Saturday, Sunday or Holiday
**** Age 62 & up with household income < $18,000.00. RCW 71.38.070
1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Parks &
Recreation Director.
2. Saturday, Sunday or Holiday (May – September Not to Exceed Rate)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.08-1 (Revised 3/05)
Chapter 3.08
CLAIMS FUND
Sections:
3.08.010 ESTABLISHED.
3.08.020 WARRANTS -
CERTIFICATION.
3.08.030 FORMS AND WARRANTS TO
BE PREPARED.
3.08.040 PAYMENT OF CLAIMS.
3.08.010 ESTABLISHED.
The City Treasurer is directed to set up and estab-
lish a claims fund for the purpose of paying all claims
for material furnished or services rendered to the City
when such claims are payable from a fund of the City
which is on a cash basis. The use of the claims fund shall
not apply to payments from trust funds or payments
from local improvement district funds or to other funds
when the law requires that a separate series of warrants
be issued. (Ord. 1742 §1, 1947)
3.08.020 WARRANTS - CERTIFICATION.
Upon issuance of warrants on the claims fund, the
City Clerk shall weekly certify to the City Treasurer the
total warrants issued and the amount chargeable to each
fund, and thereupon the Treasurer shall make cash trans-
fers of such amounts from each of said funds so charge-
able to the claims fund. (Ord. 1742 §2, 1947)
3.08.030 FORMS AND WARRANTS TO BE
PREPARED.
The City Clerk is directed to prepare and have
printed such forms and warrants as shall be deemed nec-
essary to facilitate the operation of the fund and the cash
transfers referred to herein. (Ord. 1742 §3, 1947)
3.08.040 PAYMENT OF CLAIMS.
Claims presented to the City for the payment of
materials furnished or services rendered to the City may
be paid by warrant or check prior to City Council
approval if the following conditions are met:
(1) The Mayor, the Mayor Pro Tem, the Director of
Financial Services, and any designee authorized to sign
the checks or warrants, shall each furnish an official
bond for the faithful discharge of his or her duties in an
amount not less than fifty thousand dollars ($50,000). A
blanket fidelity bond applicable to such officials and
employees in addition to others in an amount not less
than fifty thousand dollars ($50,000) shall be sufficient
to meet this requirement.
(2) All claims paid prior to Council approval shall
require the approval of the Director of Financial Ser-
vices or his or her designee.
(3) The City Council shall review all documenta-
tion supporting any claim paid and for approval of all
checks or warrants issued in payment of any claim at its
next regularly scheduled public meeting, subject to
scheduling, but in no event, later than one (1) month
from issuance.
(4) If, upon review, the City Council disapproves
a claim, the auditing officer, Mayor, Mayor Pro Tem,
Director of Financial Services, and any person signing
the check shall jointly cause the disapproved claim to be
recognized as a receivable of the City and shall direct
the financial services department to pursue collection
diligently until the amounts disapproved are collected or
until the City Council is satisfied and approves the
claim.
(5) Notwithstanding the fact that all of the above
conditions are met, the City Council may stipulate that
certain kinds or amounts of claims shall not be paid
before the City Council has reviewed the supporting
documentation and approved the issue of checks or war-
rants in payment of those claims. (Ord. 4931 §1, 2005)
3.48-1 (Revised 3/05)
Chapter 3.48
BUSINESS AND OCCUPATION TAXES
Sections:
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
3.48.025 BUSINESS LICENSE -
REQUIRED.
3.48.028 ADMINISTRATIVE
PROVISIONS.
3.48.030 DEFINITIONS.
3.48.040 AGENCY - SALES AND
SERVICES BY AGENT,
CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
3.48.050 IMPOSITION OF THE TAX -
TAX OR FEE LEVIED.
3.48.060 DOING BUSINESS WITH THE
CITY.
3.48.070 MULTIPLE ACTIVITIES
CREDIT WHEN ACTIVITIES
TAKE PLACE IN ONE (1) OR
MORE CITIES WITH
ELIGIBLE GROSS RECEIPT
TAXES.
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY
WITH AN ELIGIBLE GROSS
RECEIPTS TAX.
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
3.48.090 EXEMPTIONS.
3.48.100 DEDUCTIONS.
3.48.120 TAX PART OF OVERHEAD.
3.48.125 RULES AND REGULATIONS.
3.48.130 SEVERABILITY CLAUSE.
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City code. (Ord. 4843, Added,
01/03/2003)
3.48.025 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 4843,
Added, 01/03/2003)
3.48.028 ADMINISTRATIVE PROVISIONS.
The provisions contained in chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4843, Added, 01/03/2003)
3.48.030 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied. Words in the singu-
lar number shall include the plural, and the plural shall
include the singular.
"Advance," "reimbursement."
(1) "Advance" means money or credits received
by a taxpayer from a customer or client with which the
taxpayer is to pay costs or fees on behalf of the customer
or client.
(2) "Reimbursement" means money or credits
received from a customer or client to repay the taxpayer
for money or credits expended by the taxpayer in pay-
ment of costs or fees of the customer or client.
"Agricultural product," "farmer."
(1) "Agricultural product" means any product of
plant cultivation or animal husbandry including, but not
limited to: a product of horticulture, grain cultivation,
vermiculture, viticulture, or aquaculture as defined in
RCW 15.83.480; plantation Christmas trees; turf; or any
animal including but not limited to an animal that is a
private sector cultured aquatic product as defined in
RCW 15.83.480, or a bird, or insect, or the substances
obtained from such an animal. "Agricultural product"
does not include animals intended to be pets.
(2) "Farmer" means any person engaged in the
business of growing or producing, upon the person’s
own lands or upon the lands in which the person has a
present right of possession, any agricultural product
whatsoever for sale. "Farmer" does not include a person
using such products as ingredients in a manufacturing
process, or a person growing or producing such products
for the person’s own consumption. "Farmer" does not
include a person selling any animal or substance
obtained therefrom in connection with the person’s
business of operating a stockyard or a slaughter or pack-
ing house. "Farmer" does not include any person in
respect to the business of taking, cultivating, or raising
timber.
"Artistic or cultural organization." As used in this
chapter:
(1) The term "artistic or cultural organization"
means an organization which is organized and operated
exclusively for the purpose of providing artistic or cul-
(Revised 3/05)3.48-2
tural exhibitions, presentations, or performances or cul-
tural or art education programs, as defined in subsection
(10) of this section, for viewing or attendance by the
general public.
(2) The organization must be a not-for-profit cor-
poration under Chapter 24.03 RCW.
(3) The organization must be managed by a gov-
erning board of not less than eight (8) individuals none
of whom is a paid employee of the organization or by a
corporation sole under Chapter 24.12 RCW.
(4) No part of its income may be paid directly or
indirectly to its members, stockholders, officers, direc-
tors, or trustees except in the form of services rendered
by the corporation in accordance with its purposes and
bylaws.
(5) Salary or compensation paid to its officers and
executives must be only for actual services rendered,
and at levels comparable to the salary or compensation
of like positions within the State.
(6) Assets of the corporation must be irrevocably
dedicated to the activities for which the exemption is
granted and, on the liquidation, dissolution, or abandon-
ment by the corporation, may not inure directly or indi-
rectly to the benefit of any member or individual except
a non-profit organization, association, or corporation
which also would be entitled to the exemption.
(7) The corporation must be duly licensed or certi-
fied when licensing or certification is required by law or
regulation.
(8) The amounts received that qualify for exemp-
tion must be used for the activities for which the exemp-
tion is granted.
(9) Services must be available regardless of race,
color, national origin, ancestry, religion, age, sex, mari-
tal status, sexual orientation, Vietnam or disabled vet-
eran status, or the presence of any mental or physical
disability.
(10)The term "artistic or cultural exhibitions, pre-
sentations, or performances or cultural or art education
programs" is limited to:
(a) An exhibition or presentation of works of
art or objects of cultural or historical significance, such
as those commonly displayed in art or history museums;
(b) A musical or dramatic performance or
series of performances; or
(c) An educational seminar or program, or
series of such programs, offered by the organization to
the general public on an artistic, cultural, or historical
subject.
"Business." "Business" includes all activities engaged
in with the object of gain, benefit, or advantage to the
taxpayer or to another person or class, directly or indi-
rectly.
"Business and occupation tax," "gross receipts tax."
"Business and occupation tax" or "gross receipts tax"
means a tax imposed on or measured by the value of
products, the gross income of the business, or the gross
proceeds of sales, as the case may be, and that is the
legal liability of the business.
"Cash discount." "Cash discount" means a deduction
from the invoiced amount allowed by the seller if the bill
is paid within a certain time period or before a specified
date.
"City." "City" means City of Bremerton, Washington.
"Commercial or industrial use." "Commercial or
industrial use" means the following uses of products,
including by-products, by the extractor or manufacturer
thereof:
(1) Any use as a consumer;
(2) Any use in the manufacturing of products
including articles, substances or commodities; or
(3) Consigning, shipping or transferring extracted
or manufactured products to another either without con-
sideration or in the performance of contracts.
"Competitive telephone service." "Competitive tele-
phone service" means the providing by any person of
telecommunications equipment or apparatus, or service
related to that equipment or apparatus such as repair or
maintenance service, if the equipment or apparatus is of
a type which can be provided by persons that are not
subject to regulation as telephone companies under
RCW Title 80 and for which a separate charge is made.
"Consumer." "Consumer" means the following:
(1) Any person who purchases, acquires, owns,
holds, or uses any tangible or intangible personal prop-
erty irrespective of the nature of the person’s business
and including, among others, without limiting the scope
hereof, persons who install, repair, clean, alter, improve,
construct, or decorate real or personal property of or for
a consumer other than for the purpose of:
(a) Resale as tangible or intangible personal
property in the regular course of business;
(b) Incorporating such property as an ingredi-
ent or component of real or personal property when
installing, repairing, cleaning, altering, imprinting,
improving, constructing, or decorating such real or per-
sonal property of or for consumers;
(c) Incorporating such property as an ingredi-
ent or component of a new product or as a chemical used
in processing a new product when the primary purpose
of such chemical is to create a chemical reaction directly
through contact with an ingredient of a new product; or
(d) Consuming the property in producing fer-
rosilicon which is subsequently used in producing mag-
nesium for sale, if the primary purpose of such property
is to create a chemical reaction directly through contact
with an ingredient of ferrosilicon;
3.48-3 (Revised 3/05)
(2) Any person engaged in any business activity
taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or uses
any competitive telephone service as herein defined,
other than for resale in the regular course of business;
(4) Any person who purchases, acquires, or uses
any personal, business, or professional service defined
as a retail sale or retail service in BMC 3.48.030 other
than for resale in the regular course of business;
(5) Any person who is an end user of software;
(6) Any person engaged in the business of "public
road construction" in respect to tangible personal prop-
erty when that person incorporates the tangible personal
property as an ingredient or component of a publicly
owned street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle by installing, placing or
spreading the property in or upon the right-of-way of a
publicly owned street, place, road, highway, easement,
bridge, tunnel, or trestle or in or upon the site of a pub-
licly owned mass public transportation terminal or park-
ing facility;
(7) Any person who is an owner, lessee or has the
right of possession to or an easement in real property
which is being constructed, repaired, decorated,
improved, or otherwise altered by a person engaged in
business;
(8) Any person who is an owner, lessee, or has the
right of possession to personal property which is being
constructed, repaired, improved, cleaned, imprinted, or
otherwise altered by a person engaged in business;
(9) Any person engaged in "government contract-
ing." Any such person shall be a consumer within the
meaning of this subsection in respect to tangible per-
sonal property incorporated into, installed in, or
attached to such building or other structure by such per-
son.
Nothing contained in this or any other subsection of
this section shall be construed to modify any other defi-
nition of "consumer."
"Deficiency." "Deficiency" means the amount of tax
imposed by law less any tax reported by the taxpayer on
a tax return.
"Director." "Director" means the Director of Finance
of the City or any officer, agent or employee of the City
designated to act on the Director’s behalf.
"Eligible gross receipts tax." The term "eligible gross
receipts tax" means a tax which:
(1) Is imposed on the act or privilege of engaging
in business activities within BMC 3.48.050; and
(2) Is measured by the gross volume of business,
in terms of gross receipts and is not an income tax or
value added tax; and
(3) Is not, pursuant to law or custom, separately
stated from the sales price; and
(4) Is not a sales or use tax, business license fee,
franchise fee, royalty or severance tax measured by vol-
ume or weight, or concession charge, or payment for the
use and enjoyment of property, property right or a priv-
ilege; and
(5) Is a tax imposed by a local jurisdiction,
whether within or without the State of Washington, and
not by a country, state, province, or any other non-local
jurisdiction above the County level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means com-
mencing, conducting, or continuing in business, and
also the exercise of corporate or franchise powers, as
well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting
such business.
(2) This section sets forth examples of activities
that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so
that a person who meets the criteria may engage in de
minimis business activities in the City without having to
register and obtain a business license or pay City busi-
ness and occupation taxes. The activities listed in this
section are illustrative only and are not intended to nar-
row the definition of "engaging in business" in subsec-
tion (1) of this definition. If an activity is not listed,
whether it constitutes engaging in business in the City
shall be determined by considering all the facts and cir-
cumstances and applicable law.
(3) Without being all inclusive, any one of the fol-
lowing activities conducted within the City by a person,
or its employee, agent, representative, independent con-
tractor, broker or another acting on its behalf constitutes
engaging in business and requires a person to register
and obtain a business license pursuant to Chapter 5.02
BMC.
(a) Owning, renting, leasing, maintaining, or
having the right to use, or using, tangible personal prop-
erty, intangible personal property, or real property per-
manently or temporarily located in the City.
(b) Owning, renting, leasing, using, or main-
taining, an office, place of business, or other establish-
ment in the City.
(c) Soliciting sales.
(d) Making repairs or providing maintenance
or service to real or tangible personal property, includ-
ing warranty work and property maintenance.
(e) Providing technical assistance or service,
including quality control, product inspections, warranty
work, or similar services on or in connection with tangi-
ble personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising
installation or construction of, real or tangible personal
property.
(Revised 3/05)3.48-4
(g) Soliciting, negotiating, or approving fran-
chise, license, or other similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible per-
sonal property, solid waste, construction debris, or exca-
vated materials.
(j) Providing disinfecting and pest control
services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape
architectural services, security system services, survey-
ing, and real estate services including the listing of
homes and managing real property.
(k) Rendering professional services such as
those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional ath-
letes, barbers, baseball clubs and other sports organiza-
tions, chemists, consultants, psychologists, court
reporters, dentists, doctors, detectives, laboratory oper-
ators, teachers, veterinarians.
(l) Meeting with customers or potential cus-
tomers, even when no sales or orders are solicited at the
meetings.
(m) Training or recruiting employees, agents,
representatives, independent contractors, brokers or oth-
ers, domiciled or operating on a job in the City, acting
on its behalf, or for customers or potential customers.
(n) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(o) In-store stocking or manipulating products
or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
(p) Delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or
another acting on its behalf.
(q) Accepting or executing a contract with the
City, irrespective of whether goods or services are deliv-
ered within or without the City, or whether the person’s
office or place of business is within or without the City.
(4) If a person, or its employee, agent, representa-
tive, independent contractor, broker or another acting on
the person’s behalf, engages in no other activities in or
with the City but the following, it need not register and
obtain a business license and pay tax:
(a) Meeting with suppliers of goods and ser-
vices as a customer.
(b) Meeting with government representatives
in their official capacity, other than those performing
contracting or purchasing functions.
(c) Attending meetings, such as board meet-
ings, retreats, seminars, and conferences, or other meet-
ings wherein the person does not provide training in
connection with tangible personal property sold by the
person or on its behalf.
(d) Renting tangible or intangible property as
a customer when the property is not used in the City.
(e) Attending, but not participating in a "trade
show" or "multiple vendor events." Persons participat-
ing at a trade show shall review the City’s trade show or
multiple vendor event ordinances.
(f) Mere delivery of goods via common car-
rier.
(g) Conducting advertising through the mail.
(h) Soliciting sales by phone from a location
outside the City.
(5) A seller located outside the City merely deliv-
ering goods into the City by means of common carrier is
not required to register and obtain a business license
provided that it engages in no other business activities in
the City.
(6) "Nexus." A person has created nexus with the
City if, whether itself or by its employees, agents, repre-
sentative, independent contractors, brokers or others
acting on its behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the mar-
ket within the City; or
(c) Avails itself of the economic benefits of
the City.
The City expressly intends that engaging in busi-
ness include any activity sufficient to establish nexus for
purposes of applying the tax under the law and the con-
stitutions of the United States and the State of Washing-
ton. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the
original nexus generating contact or subsequent con-
tacts.
"Extracting." "Extracting" is the activity engaged in by
an extractor and is reportable under the extracting clas-
sification.
"Extractor." "Extractor" means every person who
from the person’s own land or from the land of another
under a right or license granted by lease or contract,
either directly or by contracting with others for the nec-
essary labor or mechanical services, for sale or for com-
mercial or industrial use, mines, quarries, takes or
produces coal, oil, natural gas, ore, stone, sand, gravel,
clay, mineral or other natural resource product; or fells,
cuts or takes timber, Christmas trees, other than planta-
tion Christmas trees, or other natural products; or takes
fish, or takes, cultivates, or raises shellfish, or other sea
or inland water foods or products. "Extractor" does not
include persons performing under contract the neces-
sary labor or mechanical services for others; persons
cultivating or raising fish entirely within confined rear-
ing areas on the person’s own land or on land in which
the person has a present right of possession; or persons
who fell, cut, or take plantation Christmas trees from the
3.48-5 (Revised 3/05)
person’s own land or from land in which the person has
a present right of possession.
"Extractor for hire." "Extractor for hire" means a per-
son who performs under contract necessary labor or
mechanical services for an extractor.
"Government contracting." "Government contract-
ing" means the constructing, repairing, decorating, or
improving of new or existing buildings or other struc-
tures under, upon, or above real property of or for the
United States, any instrumentality thereof, or a county
or city housing authority created pursuant to Chapter
35.82 RCW, including the installing or attaching of any
article of tangible personal property therein or thereto,
whether or not such personal property becomes a part of
the realty by virtue of installation. The term shall
include the clearing of land and the moving of earth of
or for the United States, any instrumentality, thereof, or
a county of city housing authority.
"Gross income of the business." "Gross income of the
business" means the value proceeding or accruing by
reason of the business activity engaged in and includes
gross proceeds of sales, compensation for the rendition
of services, gains realized from trading in stocks, bonds,
or other evidences of indebtedness, interest, discount,
rents, royalties, fees, commissions, dividends, and other
emoluments however designated, all without any deduc-
tion on account of the cost of tangible property sold, the
cost of materials used, labor costs, interest, discount,
delivery costs, taxes, or any other expense whatsoever
paid or accrued and without any deduction on account of
losses.
"Gross proceeds of sales." "Gross proceeds of sales"
means the value proceeding or accruing from the sale of
tangible personal property or for services rendered,
without any deduction on account of the cost of property
sold, the cost of materials used, labor costs, interest, dis-
count paid, delivery costs, taxes, or any other expense
whatsoever paid or accrued and without any deduction
on account of losses.
"In this City," "within this City." "In this City" or
"within this City" includes all federal areas lying within
the corporate City limits of the City.
"Janitorial services." The term "janitorial services"
shall mean those cleaning and care taking services ordi-
narily performed by commercial janitor service busi-
nesses including, but not limited to, wall and window
washing, floor cleaning and waxing, and the cleaning in
place of rugs, drapes and upholstery. The term does not
include painting, papering, repairing, furnace or septic
tank cleaning, snow removal, sandblasting, or cleanup
related to construction activities.
"Manufacturer," "to manufacture."
(1) "Manufacturer" means every person who,
either directly or by contracting with others for the nec-
essary labor or mechanical services, manufactures for
sale or for commercial or industrial use from the per-
son’s own materials or ingredients any products. When
the owner of equipment or facilities furnishes, or sells to
the customer prior to manufacture, materials or ingredi-
ents equal to less than twenty (20) percent of the total
value of all materials or ingredients that become a part
of the finished product, the owner of the equipment or
facilities will be deemed to be a processor for hire and
not a manufacturer. A business not located in this City
that is the owner of materials or ingredients processed
for it in this City by a processor for hire shall be deemed
to be engaged in business as a manufacturer in this City.
(2) "To manufacture" means all activities of a
commercial or industrial nature wherein labor or skill is
applied, by hand or machinery, to materials or ingredi-
ents so that as a result thereof a new, different or useful
product is produced for sale or commercial or industrial
use, and shall include:
(a) The production of special made or custom
made articles;
(b) The production of dental appliances,
devices, restorations, substitutes, or other dental labora-
tory products by a dental laboratory or dental technician;
(c) Crushing and/or blending of rock, sand,
stone, gravel, or ore; and
(d) The producing of articles for sale, or for
commercial or industrial use from raw materials or pre-
pared materials by giving such materials, articles, and
substances of trade or commerce new forms, qualities,
properties or combinations including, but not limited to,
such activities as making, fabricating, processing, refin-
ing, mixing, slaughtering, packing, aging, curing, mild
curing, preserving, canning, and the preparing and
freezing of fresh fruits and vegetables.
"To manufacture" shall not include the production
of computer software if the computer software is deliv-
ered from the seller to the purchaser by means other than
tangible storage media, including the delivery by use of
a tangible storage media where the tangible storage
media is not physically transferred to the purchaser.
"Manufacturing." "Manufacturing" means the activity
conducted by a manufacturer and is reported under the
manufacturing classification.
"Newspaper," "magazine," "periodical." "Newspa-
per" means a publication offered for sale regularly at
stated intervals at least once a week and printed on
newsprint in tabloid or broadsheet format folded loosely
together without stapling, glue, or any other binding of
any kind.
"Magazine" or "periodical" means any printed pub-
lication, other than a newspaper, issued and offered for
sale regularly at stated intervals at least once every three
(3) months, including any supplement or special edition
of the publication. Any publication meeting this defini-
tion qualifies regardless of its content.
(Revised 3/05)3.48-6
"Non-profit corporation or non-profit organiza-
tion." "Non-profit corporation or non-profit organiza-
tion" means a corporation or organization in which no
part of the income can be distributed to its members,
directors, or officers and that holds a current tax exempt
status as provided under Section 501(c)(3) of the Inter-
nal Revenue Code, as hereafter amended, or is specifi-
cally exempted from the requirement to apply for its tax
exempt status under Section 501(c)(3) of the Internal
Revenue Code, as hereafter amended. Where the term
non-profit organization is used, it is meant to include a
non-profit corporation.
"Office," "place of business." "Office" or "place of
business" means a fixed location or permanent facility
where the regular business of the person is conducted
and which is either owned by the person or over which
the person exercises legal dominion and control. The
regular business of the person is presumed conducted at
a location:
(1) Whose address the person uses as its business
mailing address;
(2) Containing a telephone line listed in a public
telephone directory or other similar publication under
the business name; and
(3) Where the person holds itself out to the general
public as conducting its regular business through sig-
nage or other means; and
(4) Where the person is required to obtain any
appropriate State and local business license or registra-
tion unless they are exempted by law from such require-
ment.
A vehicle such as a pick-up, van, truck, boat or
other motor vehicle is not an office or place of business.
A post office box is not an office or place of business.
If a person has an office or place of business, the
person’s home is not an office or place of business
unless it meets the criteria for office or place of business
above. If a person has no office or place of business, the
person’s home or apartment within the City will be
deemed the place of business.
"Person." "Person" means any individual, receiver,
administrator, executor, assignee, trustee in bankruptcy,
trust, estate, firm, co-partnership, joint venture, club,
company, joint stock company, business trust, munici-
pal corporation, political subdivision of the State of
Washington, corporation, limited liability company,
association, society, or any group of individuals acting
as a unit, whether mutual, cooperative, fraternal, non-
profit, or otherwise and the United States or any instru-
mentality thereof.
"Precious metal bullion," "monetized bullion." "Pre-
cious metal bullion" means any precious metal which
has been put through a process of smelting or refining,
including, but not limited to, gold, silver, platinum,
rhodium, and palladium, and which is in such state or
condition that its value depends upon its contents and
not upon its form. For purposes of this section, "mone-
tized bullion" means coins or other forms of money
manufactured from gold, silver, or other metals and
heretofore, now, or hereafter used as a medium of
exchange under the laws of this State, the United States,
or any foreign nation, but does not include coins or
money sold to be manufactured into jewelry or works of
art.
"Processing for hire." "Processing for hire" means the
performance of labor and mechanical services upon
materials or ingredients belonging to others so that as a
result a new, different or useful product is produced for
sale, or commercial or industrial use. A processor for
hire is any person who would be a manufacturer if that
person were performing the labor and mechanical ser-
vices upon that person’s own materials or ingredients. If
a person furnishes, or sells to the customer prior to man-
ufacture, materials or ingredients equal to twenty (20)
percent or more of the total value of all materials or
ingredients that become a part of the finished product
the person will be deemed to be a manufacturer and not
a processor for hire.
"Product," "By-product." "Product" means tangible
personal property, including articles, substances, or
commodities created, brought forth, extracted, or manu-
factured by human or mechanical effort.
"By-product" means any additional product, other
than the principal or intended product, which results
from extracting or manufacturing activities and which
has a market value, without regard to whether or not
such additional product was an expected or intended
result of the extracting or manufacturing activities.
"Public road construction." "Public road construc-
tion" means the building, repairing, or improving of any
street, place, road, highway, easement, right-of-way,
mass public transportation terminal or parking facility,
bridge, tunnel, or trestle which is owned by a municipal
corporation or a political subdivision of the State or by
the United States and which is used or to be used prima-
rily for foot or vehicular traffic including mass transpor-
tation vehicles of any kind.
"Reporting period." "Reporting period" means:
(1) A one (1) month period beginning the first day
of each calendar month (monthly); or
(2) A three (3) month period beginning the first
day of January, April, July or October of each year
(quarterly); or
(3) A twelve (12) month period beginning the first
day of January of each year (annual).
"Retail service." "Retail service" shall include the sale
of or charge made for personal, business, or professional
services including amounts designated as interest, rents,
fees, admission, and other service emoluments however
designated, received by persons engaging in the follow-
ing business activities:
3.48-7 (Revised 3/05)
(1) Amusement and recreation services including
but not limited to golf, pool, billiards, skating, bowling,
swimming, bungee jumping, ski lifts and tows, basket-
ball, racquetball, handball, squash, tennis, batting cages,
day trips for sightseeing purposes, and others, when pro-
vided to consumers. Amusement and recreation services
also include the provision of related facilities such as
basketball courts, tennis courts, handball courts, swim-
ming pools, and charges made for providing the oppor-
tunity to dance. The term "amusement and recreation
services" does not include instructional lessons to learn
a particular activity such as tennis lessons, swimming
lessons, or archery lessons;
(2) Abstract, title insurance, and escrow services;
(3) Credit bureau services;
(4) Service charges associated with tickets to pro-
fessional sporting events; and
(5) The following personal services: physical fit-
ness services, tanning salon services, tattoo parlor ser-
vices, steam bath services, turkish bath services, escort
services, and dating services;
(6) The term shall also include the renting or leas-
ing of tangible personal property to consumers and the
rental of equipment with an operator.
"Retailing." "Retailing" means the activity of engaging
in making sales at retail and is reported under the retail-
ing classification.
"Return." "Return" means any document a person is
required by the City to file to satisfy or establish a tax or
fee obligation that is administered or collected by the
City and that has a statutorily defined due date.
"Royalties." "Royalties" means compensation for the
use of intangible property, such as copyrights, patents,
licenses, franchises, trademarks, tradenames, and simi-
lar items.
"Sale," "casual or isolated sale."
(1) "Sale" means any transfer of the ownership of,
title to, or possession of, property for a valuable consid-
eration and includes any activity classified as a "sale at
retail," "retail sale," or "retail service." It includes rent-
ing or leasing, conditional sale contracts, leases with
option to purchase, and any contract under which pos-
session of the property is given to the purchaser but title
is retained by the vendor as security for the payment of
the purchase price. It also includes the furnishing of
food, drink, or meals for compensation whether con-
sumed upon the premises or not.
(2) "Casual or isolated sale" means a sale made by
a person who is not engaged in the business of selling
the type of property involved on a routine or continuous
basis.
"Sale at retail," "retail sale."
(1) "Sale at retail" or "retail sale" means every sale
of tangible personal property (including articles pro-
duced, fabricated, or imprinted) to all persons irrespec-
tive of the nature of their business and including, among
others, without limiting the scope hereof, persons who
install, repair, clean, alter, improve, construct, or deco-
rate real or personal property of or for consumers, other
than a sale to a person who presents a resale certificate
under RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tan-
gible personal property in the regular course of business
without intervening use by such person; or
(b) Installs, repairs, cleans, alters, imprints,
improves, constructs, or decorates real or personal prop-
erty of or for consumers, if such tangible personal prop-
erty becomes an ingredient or component of such real or
personal property without intervening use by such per-
son; or
(c) Purchases for the purpose of consuming
the property purchased in producing for sale a new arti-
cle of tangible personal property or substance, of which
such property becomes an ingredient or component or is
a chemical used in processing, when the primary pur-
pose of such chemical is to create a chemical reaction
directly through contact with an ingredient of a new arti-
cle being produced for sale; or
(d) Purchases for the purpose of consuming
the property purchased in producing ferrosilicon which
is subsequently used in producing magnesium for sale,
if the primary purpose of such property is to create a
chemical reaction directly through contact with an
ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the
property to consumers as part of competitive telephone
service, as defined in RCW 82.04.065. The term shall
include every sale of tangible personal property which is
used or consumed or to be used or consumed in the per-
formance of any activity classified as a "sale at retail" or
"retail sale" even though such property is resold or uti-
lized as provided in subsections (1)(a), (b), (c), (d), or
(e) of this definition following such use.
(2) "Sale at retail" or "retail sale" also means every
sale of tangible personal property to persons engaged in
any business activity which is taxable under BMC
3.48.050(1)(g).
(3) "Sale at retail" or "retail sale" shall include the
sale of or charge made for tangible personal property
consumed and/or for labor and services rendered in
respect to the following:
(a) The installing, repairing, cleaning, alter-
ing, imprinting, or improving of tangible personal prop-
erty of or for consumers, including charges made for the
mere use of facilities in respect thereto, but excluding
charges made for the use of coin-operated laundry facil-
ities when such facilities are situated in an apartment
house, rooming house, or mobile home park for the
exclusive use of the tenants thereof, and also excluding
sales of laundry service to non-profit health care facili-
(Revised 3/05)3.48-8
ties, and excluding services rendered in respect to live
animals, birds and insects;
(b) The constructing, repairing, decorating, or
improving of new or existing buildings or other struc-
tures under, upon, or above real property of or for con-
sumers, including the installing or attaching of any
article of tangible personal property therein or thereto,
whether or not such personal property becomes a part of
the realty by virtue of installation, and shall also include
the sale of services or charges made for the clearing of
land and the moving of earth excepting the mere level-
ing of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered
in respect to constructing, repairing, or improving any
structure upon, above, or under any real property owned
by an owner who conveys the property by title, posses-
sion, or any other means to the person performing such
construction, repair, or improvement for the purpose of
performing such construction, repair, or improvement
and the property is then reconveyed by title, possession,
or any other means to the original owner;
(d) The sale of or charge made for labor and
services rendered in respect to the cleaning, fumigating,
razing or moving of existing buildings or structures, but
shall not include the charge made for janitorial services,
which is taxed as a service in this chapter;
(e) The sale of or charge made for labor and
services rendered in respect to automobile towing and
similar automotive transportation services, but not in
respect to those required to report and pay taxes under
Chapter 82.16 RCW;
(f) The sale of and charge made for the fur-
nishing of lodging and all other services, except network
telephone service and cable service, by a hotel, rooming
house, tourist court, motel, trailer camp, and the grant-
ing of any similar license to use real property, as distin-
guished from the renting or leasing of real property, and
it shall be presumed that the occupancy of real property
for a continuous period of one (1) month or more consti-
tutes a rental or lease of real property and not a mere
license to use or enjoy the same;
(g) The sale of or charge made for tangible
personal property, labor and services to persons taxable
under subsections (3)(a), (b), (c), (d), (e), and (f) of this
definition when such sales or charges are for property,
labor and services which are used or consumed in whole
or in part by such persons in the performance of any
activity defined as a "sale at retail" or "retail sale" even
though such property, labor and services may be resold
after such use or consumption. Nothing contained in this
subsection shall be construed to modify subsection (1)
of this definition and nothing contained in subsection (1)
of this definition shall be construed to modify this sub-
section.
(4) "Sale at retail" or "retail sale" shall also include
the providing of competitive telephone service to con-
sumers.
(5) "Sale at retail" or "retail sale" shall also include
the sale of canned software other than a sale to a person
who presents a resale certificate under RCW 82.04.470,
regardless of the method of delivery to the end user, but
shall not include custom software or the customization
of canned software.
(6) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to "public road construction."
(7) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to "government contracting."
(8) "Sale at retail" or "retail sale" shall also include
automobile parking and storage garage services.
(9) "Sale at retail" or "retail sale" shall also include
landscape maintenance and horticultural services but
excluding (a) horticultural services provided to farmers
and (b) pruning, trimming, repairing, removing, and
clearing of trees and brush near electric transmission or
distribution lines or equipment, if performed by or at the
direction of an electric utility.
(10)"Sale at retail" or "retail sale" shall not include
the sale of services or charges made for the clearing of
land and the moving of earth of or for the United States,
any instrumentality thereof, or a county or city housing
authority. Nor shall the term include the sale of services
or charges made for cleaning up for the United States, or
its instrumentalities, radioactive waste and other by-
products of weapons production and nuclear research
and development. (This is reported under the service or
other classification.).
(11)"Sale at retail" or "retail sale" shall not include
the sale of or charge made for labor and services ren-
dered for environmental remedial action as defined in
RCW 82.04.2635(2). (This is reported under the service
and other classification.)
"Sale at wholesale," "wholesale sale." "Sale at whole-
sale" or "wholesale sale" means any sale of tangible per-
sonal property which is not a retail sale, and any charge
made for labor and services rendered for persons who
are not consumers, in respect to real or personal prop-
erty, if such charge is expressly defined as a retail sale
when rendered to or for consumers. Sale at wholesale
also includes the sale of network telephone service to a
telecommunications company as defined in RCW
80.04.010 for the purpose of resale, as contemplated by
RCW 35.21.715.
"Services." "Services" means any business activity
other than or in addition to those defined in this section.
3.48-9 (Revised 3/05)
"Software," "canned software," "custom software,"
"customization of canned software," "master cop-
ies," "retained rights."
(1) "Canned software" means software that is cre-
ated for sale to more than one (1) person. For purposes
of this chapter, canned software is deemed to be tangible
personal property regardless of the method of delivery-
tangible media (e.g., disk or installed on hardware) or
intangible (e.g., electronically over telecommunications
paths).
(2) "Custom software" means software created for
a single person.
(3) "Customization of canned software" means
any alteration, modification, or development of applica-
tions using or incorporating canned software to specific
individualized requirements of a single person. Custom-
ization of canned software includes individualized con-
figuration of software to work with other software and
computer hardware but does not include routine instal-
lation. Customization of canned software does not
change the underlying character or taxability of the orig-
inal canned software.
(4) "Master copies" of software means copies of
software from which a software developer, author,
inventor, publisher, licensor, sublicensor, or distributor
makes copies for sale or license. The software encoded
on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights,
including intellectual property rights such as those
rights arising from copyrights, patents, and trade secret
laws, that are owned or are held under contract or
license by a software developer, author, inventor, pub-
lisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, program,
or routine, or any set of one (1) or more programs, rou-
tines, or collections of information used, or intended for
use, to convey information that causes one (1) or more
computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a
task or set of tasks. "Software" includes the associated
documentation, materials, or ingredients regardless of
the media upon which that documentation is provided,
that describes the code and its use, operation, and main-
tenance and that typically is delivered with the code to
the consumer. All software is classified as either canned
or custom.
"Successor." "Successor" means any person to whom a
taxpayer quitting, selling out, exchanging, or disposing
of a business sells or otherwise conveys, directly or indi-
rectly, in bulk and not in the ordinary course of the tax-
payer’s business, any part of the materials, supplies,
merchandise, inventory, fixtures, or equipment of the
taxpayer. Any person obligated to fulfill the terms of a
contract shall be deemed a successor to any contractor
defaulting in the performance of any contract as to
which such person is a surety or guarantor.
"Tax year," "taxable year." "Tax year" or "taxable
year" means the calendar year.
"Taxpayer." "Taxpayer" means any person, as herein
defined, required to have a business license under this
chapter or liable for the collection of any tax or fee under
this chapter, or who engages in any business or who per-
forms any act for which a tax or fee is imposed by this
chapter.
"Tuition fee." "Tuition fee" includes library, labora-
tory, health service and other special fees, and amounts
charged for room and board by an educational institu-
tion when the property or service for which such charges
are made is furnished exclusively to the students or fac-
ulty of such institution. "Educational institution," as
used in this section, means only those institutions cre-
ated or generally accredited as such by the State and
includes educational programs that such educational
institution cosponsors with a non-profit organization, as
defined by the Internal Revenue Code Section
501(c)(3), as hereafter amended, if such educational
institution grants college credit for course work success-
fully completed through the educational program, or an
approved branch campus of a foreign degree-granting
institution in compliance with Chapter 28B.90 RCW,
and in accordance with RCW 82.04.4332 or defined as
a degree-granting institution under RCW 28B.85.010(3)
and accredited by an accrediting association recognized
by the United States Secretary of Education, and offer-
ing to students an educational program of a general aca-
demic nature or those institutions which are not operated
for profit and which are privately endowed under a deed
of trust to offer instruction in trade, industry, and agri-
culture, but not including specialty schools, business
colleges, other trade schools, or similar institutions.
"Value of products."
(1) The value of products, including by-products,
extracted or manufactured, shall be determined by the
gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-products,
are extracted or manufactured for commercial or indus-
trial use; and where such products, including by-prod-
ucts, are shipped, transported or transferred out of the
City, or to another person, without prior sale or are sold
under circumstances such that the gross proceeds from
the sale are not indicative of the true value of the subject
matter of the sale; the value shall correspond as nearly
as possible to the gross proceeds from sales in this State
of similar products of like quality and character, and in
similar quantities by other taxpayers, plus the amount of
(Revised 3/05)3.48-10
subsidies or bonuses ordinarily payable by the purchaser
or by any third person with respect to the extraction,
manufacture, or sale of such products. In the absence of
sales of similar products as a guide to value, such value
may be determined upon a cost basis. In such cases,
there shall be included every item of cost attributable to
the particular article or article extracted or manufac-
tured, including direct and indirect overhead costs. The
Director may prescribe rules for the purpose of ascer-
taining such values.
(3) Notwithstanding subsection (2) of this defini-
tion, the value of a product manufactured or produced
for purposes of serving as a prototype for the develop-
ment of a new or improved product shall correspond to
(a) the retail selling price of such new or improved prod-
uct when first offered for sale; or (b) the value of mate-
rials incorporated into the prototype in cases which the
new or improved product is not offered for sale.
"Value proceeding or accruing." "Value proceeding
or accruing" means the consideration, whether money,
credits, rights, or other property expressed in terms of
money, a person is entitled to receive or which is actu-
ally received or accrued. The term shall be applied, in
each case, on a cash receipts or accrual basis according
to which method of accounting is regularly employed in
keeping the books of the taxpayer. The value proceeding
or accruing from sales on the installment plan under
conditional contracts of sale shall be reported as of the
dates when the payments become due.
"Wholesaling." "Wholesaling" means engaging in the
activity of making sales at wholesale, and is reported
under the wholesaling classification. (Ord. 4924 §1,
2004; Ord. 4843, Added, 01/03/2003)
3.48.040 AGENCY - SALES AND SERVICES
BY AGENT, CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
(1) Sales in Own Name - Sales or Purchases as
Agent. Every person, including agents, consignees, bai-
lees, factors or auctioneers having either actual or con-
structive possession of tangible personal property or
having possession of the documents of title thereto, with
power to sell such tangible personal property in the per-
son’s own name and actually so selling shall be deemed
the seller of such tangible personal property within the
meaning of this chapter.
The burden shall be upon the taxpayer in every case
to establish the fact that such taxpayer is not engaged in
the business of selling tangible personal property but is
acting merely as broker or agent in promoting sales or
making purchases for a principal. Such claim will be
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the broker or
agent show the transactions were made in the name and
for the account of the principal, and show the name of
the actual owner of the property for whom the sale was
made, or the actual buyer for whom the purchase was
made.
(b) The books and records show the amount of
the principal’s gross sales, the amount of commissions
and any other incidental income derived by the broker or
agent from such sales. The principal’s gross sales must
not be reflected as the agent’s income on any of the
agent’s books and records. Commissions must be com-
puted according to a set percentage or amount, which is
agreed upon in the agency agreement.
(c) No ownership rights may be conferred to
the agent unless the principal refuses to pay, or refuses
to abide by the agency agreement. Sales or purchases of
any goods by a person who has any ownership rights in
such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of
a principal must not be co-mingled with goods belong-
ing to another principal or lose their identity as belong-
ing to the particular principal. Sales or purchases of any
goods which have been co-mingled or lost their identity
as belonging to the principal shall be taxed as retail or
wholesale sales.
(2) If the above requirements are not met the con-
signor, bailor, principal or other shall be deemed a seller
of such property to the agent, consignee, bailee, factor or
auctioneer.
(3) Services in Own Name - Procuring Services as
Agent. For purposes of this subsection, an agent is a per-
son who acts under the direction and control of the prin-
cipal in procuring services on behalf of the principal that
the person could not itself render or supply. Amounts
received by an agent for the account of its principal as
advances or reimbursements are exempted from the
measure of the tax only when the agent is not primarily
or secondarily liable to pay for the services procured.
Any person who claims to be acting merely as agent
in obtaining services for a principal will have such claim
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the agent show
that the services were obtained in the name and for the
account of the principal, and show the actual principal
for whom the purchase was made.
(b) The books and records show the amount of
the service that was obtained for the principal, the
amount of commissions and any other income derived
by the agent for acting as such. Amounts received from
the principal as advances and reimbursements must not
3.48-11 (Revised 3/05)
be reflected as the agent’s income on any of the agent’s
books and records. Commissions must be computed
according to a set percentage or amount, which is agreed
upon in the agency agreement. (Ord. 4843, Added,
01/03/2003)
3.48.050 IMPOSITION OF THE TAX - TAX
OR FEE LEVIED.
(1) Imposition of the Tax - Tax or Fee Levied.
Except as provided in subsection (2) of this section,
there is hereby levied upon and shall be collected from
every person a tax for the act or privilege of engaging in
business activities within the City, whether the person’s
office or place of business be within or without the City.
The tax shall be in amounts to be determined by appli-
cation of rates against gross proceeds of sale, gross
income of business, or value of products, including by-
products, as the case may be, as follows:
(a) Extractor. Upon every person engaging
within the City in business as an extractor; as to such
persons the amount of the tax with respect to such busi-
ness shall be equal to the value of the products, includ-
ing by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-
tenths of one percent (.0016). The measure of the tax is
the value of the products, including by-products, so
extracted, regardless of the place of sale or the fact that
deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engag-
ing within the City in business as a manufacturer; as to
such persons the amount of the tax with respect to such
business shall be equal to the value of the products,
including by-products, manufactured, multiplied by the
rate of one and six-tenths of one percent (.0016). The
measure of the tax is the value of the products, including
by-products, so manufactured, regardless of the place of
sale or the fact that deliveries may be made to points
outside the City.
(c) Wholesale. Upon every person engaging
within the City in the business of making sales at whole-
sale; as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and six-tenths of one per-
cent (.0016).
(d) Retail. Upon every person engaging
within the City in the business of making sales at retail;
as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and one quarter of one per-
cent (.00125).
(e) Printing and Publishing. Upon every per-
son engaging within the City in the business of (i) print-
ing, (ii) both printing and publishing newspapers,
magazines, periodicals, books, music, and other printed
items, (iii) publishing newspapers, magazines and peri-
odicals, (iv) extracting for hire, and (v) processing for
hire; as to such persons, the amount of tax on such busi-
ness shall be equal to the gross income of the business
multiplied by the rate of one and nine-tenths of one per-
cent (.0019).
(f) Retail Service. Upon every person engag-
ing within the City in the business of making sales of
retail services; as to such persons, the amount of tax
with respect to such business shall be equal to the gross
proceeds of sales multiplied by the rate of two tenths of
one percent (.002).
(g) Service. Upon every other person engag-
ing within the City in any business activity other than or
in addition to those enumerated in the above subsec-
tions; as to such persons, the amount of tax on account
of such activities shall be equal to the gross income of
the business multiplied by the rate of two tenths of one
percent (.002). This subsection includes, among others,
and without limiting the scope hereof (whether or not
title to material used in the performance of such busi-
ness passes to another by accession, merger or other
than by outright sale), persons engaged in the business
of developing, or producing custom software or of cus-
tomizing canned software, producing royalties or com-
missions, and persons engaged in the business of
rendering any type of service which does not constitute
a sale at retail or a sale at wholesale or a retail service.
(2) The gross receipts tax imposed in this section
shall not apply to any person whose gross proceeds of
sales, gross income of the business, and value of prod-
ucts, including by-products, as the case may be, from all
activities conducted within the City during any calendar
year is equal to or less than twenty thousand dollars
($20,000).
(3) The tax levied pursuant to this chapter shall be
in addition to any other tax or fee that may be imposed
or levied by the City of Bremerton. (Ord. 4924 §2, 2004;
Ord. 4843, Added, 01/03/2003)
3.48.060 DOING BUSINESS WITH THE
CITY.
Except where such a tax is otherwise levied and col-
lected by the City from such person, there is hereby lev-
ied a tax on the privilege of accepting or executing a
contract with the City. Such tax shall be levied and col-
lected whether goods or services are delivered within or
without the City and whether or not such person has an
office or place of business within or without the City.
(Revised 3/05)3.48-12
As to such persons the amount of tax shall be equal
to the gross contract price multiplied by the rate under
BMC 3.48.050 that would otherwise apply if the sale or
service were taxable pursuant to that section. (Ord.
4843, Added, 01/03/2003)
3.48.070 MULTIPLE ACTIVITIES CREDIT
WHEN ACTIVITIES TAKE PLACE
IN ONE (1) OR MORE CITIES
WITH ELIGIBLE GROSS RECEIPT
TAXES.
This section provides a tax credit for taxpayers
engaged in multiple taxable activities. The section pro-
vides a credit against eligible selling or manufacturing
taxes imposed by the City for extracting or manufactur-
ing taxes paid to the City or to any other local jurisdic-
tion with respect to the same products. The tax credit
does not depend upon whether a person that sells in the
City extracts or manufactures in the City or in another
jurisdiction to which it has paid an eligible gross
receipts tax. The tax credit does not depend on whether
a person that manufactures in the City extracts in the
City or in another jurisdiction to which it has paid an eli-
gible gross receipts tax. The credit is available to any
person that pays an eligible gross receipts tax on the
applicable activities, regardless of where it conducts
business. The result of this section is that a city in which
selling takes place gives up the tax to the manufacturing
jurisdiction and the manufacturing jurisdiction gives up
the tax to the extracting jurisdiction, whether those juris-
dictions are inside or outside the State of Washington.
(1) Persons who engage in business activities that
are within the purview of two (2) or more subsections of
BMC 3.48.050 shall be taxable under each applicable
subsection.
(2) Notwithstanding anything to the contrary
herein, if imposition of the City’s tax would place an
undue burden upon interstate commerce or violate con-
stitutional requirements, a taxpayer shall be allowed a
credit to the extent necessary to preserve the validity of
the City’s tax, and still apply the City tax to as much of
the taxpayer’s activities as may be subject to the City’s
taxing authority.
(3) To take the credit authorized by this section, a
taxpayer must be able to document that the amount of
tax sought to be credited was paid upon the same gross
receipts used in computing the tax against which the
credit is applied and that the taxpayer paid the amount
of tax sought to be credited.
(4) Credit for persons that sell in the City products
that they extract or manufacture. Persons taxable under
the retailing or wholesaling classification with respect to
selling products in this City shall be allowed a credit
against those taxes for any eligible gross receipts taxes
paid (a) with respect to the manufacturing of the prod-
ucts sold in the City, and (b) with respect to the extract-
ing of the products, or the ingredients used in the
products, sold in the City. The amount of the credit shall
not exceed the tax liability arising under this chapter
with respect to the sale of those products.
(5) Credit for persons that manufacture products in
the City using ingredients they extract. Persons taxable
under the manufacturing classification with respect to
manufacturing products in this City shall be allowed a
credit against those taxes for any eligible gross receipts
tax paid with respect to extracting the ingredients of the
products manufactured in the City. The amount of the
credit shall not exceed the tax liability arising under this
chapter with respect to the manufacturing of those prod-
ucts.
(6) Credit for persons that sell within the City
products that they print, or publish and print. Persons
taxable under the retailing or wholesaling classification
with respect to selling products in this City shall be
allowed a credit against those taxes for any eligible
gross receipts taxes paid with respect to the printing, or
the printing and publishing, of the products sold within
the City. The amount of the credit shall not exceed the
tax liability arising under this chapter with respect to the
sale of those products. (Ord. 4843, Added, 01/03/2003)
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY WITH
AN ELIGIBLE GROSS RECEIPTS
TAX.
This section establishes deductions to be applied
when a single taxable activity is taxable by more than
one jurisdiction that imposes an eligible gross receipts
tax. To eliminate the possibility of the same sale or ser-
vice being taxed more than once by cities that maintain
nexus and an eligible gross receipts tax, the cities deduc-
tions set forth in this section shall apply.
Sales. A taxpayer that has paid an eligible gross receipts
tax on the sale to the jurisdiction where the product is
delivered may deduct the gross receipts used to measure
that tax from the measure of the tax owed to another
jurisdiction on the sale. If a taxpayer has not paid tax to
the jurisdiction where the product is delivered, then no
deduction is allowed. The sale shall be taxed by the city
where the office or place of business that generated the
sale is located.
Service. A taxpayer that has paid an eligible gross
receipts tax on services to the jurisdiction where the ser-
vice is performed may deduct the gross receipts used to
measure that tax from the measure of the tax owed to
another jurisdiction on that service. If a taxpayer has not
paid tax to the jurisdiction where the service is per-
formed, then no deduction is allowed. The service
income shall be taxed by the city where the office or
place of business that generated the sale is located. For
3.48-13 (Revised 3/05)
both sales and services, the order of taxing rights is
delivery city, first; and business office location, second.
General Business Activities Other Than Services.
The eligible gross receipts tax on income derived from
intangibles such as royalties, licenses, trademarks, pat-
ents and goodwill, and reportable under the general
business classification BMC 3.48.050(1)(g), shall be
assigned to the headquarter’s office or business loca-
tion. A taxpayer that has paid an eligible gross receipts
tax on such activities to the jurisdiction where the tax-
payer maintains a headquarters office may deduct the
gross receipts used to measure that tax from the measure
of the tax owed to other jurisdictions on the same activ-
ity.
Business Conducted With Other Cities. A taxpayer
that has paid an eligible gross receipts tax on the privi-
lege of accepting or executing a contract with a city may
deduct the contract price used to measure the tax from
the measure of the tax owed to another city on the same
activity.
(1) Amounts Subject to an Eligible Gross Receipts
Tax in Another City That Also Maintains Nexus Over
the Same Activity. A taxpayer that is subject to an eligi-
ble gross receipts tax on the same activity in more than
one (1) jurisdiction may be entitled to a deduction as fol-
lows:
(a) A taxpayer that has paid an eligible gross
receipts tax with respect to a sale of goods or services to
a jurisdiction in which the goods are delivered or the ser-
vices are provided may deduct an amount equal to the
gross receipts used to measure that tax from the measure
of the tax owed to the City.
(b) Notwithstanding the above, a person that
is subject to an eligible gross receipts tax in more than
one (1) jurisdiction on the gross income derived from
intangibles such as royalties, trademarks, patents, or
goodwill may deduct from the measure of the tax on
those amounts the gross income used in measuring the
eligible gross receipts tax paid to the other jurisdiction
where the headquarters is located.
(c) A taxpayer that has paid an eligible gross
receipts tax on the privilege of accepting or executing a
contract with another city may deduct an amount equal
to the contract price used to measure the tax due to the
other city from the measure of the tax owed to the City.
(2) Person Manufacturing Products Within and
Without. A person manufacturing products within the
City using products manufactured by the same person
outside the City may deduct from the measure of the
manufacturing tax the value of products manufactured
outside the City and included in the measure of an eligi-
ble gross receipts tax paid with respect to manufacturing
such products. (Ord. 4843, Added, 01/03/2003)
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
Gross income derived from the sale of intangibles
such as royalties, trademarks, patents, or goodwill shall
be assigned to the jurisdiction where the person is domi-
ciled (its headquarters is located). (Ord. 4924 §3, 2004)
3.48.090 EXEMPTIONS.
(1) Non-Profit Corporations or Non-Profit Organi-
zations. This section shall not apply to non-profit orga-
nizations exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code, as hereafter
amended, except with respect to retail sales of such per-
sons.
(2) Health Maintenance Organization, Health Care
Service Contractor, Certified Health Plan. Beginning on
January 1, 2000, this chapter does not apply to any
health maintenance organization, health care service
contractor, or certified health plan in respect to premi-
ums or prepayments that are taxable under RCW
48.14.0201.
(3) Public Utilities. This chapter shall not apply to
any person in respect to a business activity with respect
to which tax liability is specifically imposed under the
provisions of Chapter 3.50 BMC.
(4) Investments - Dividends from Subsidiary Cor-
porations. This chapter shall not apply to amounts
derived by persons, other than those engaging in bank-
ing, loan, security, or other financial businesses, from
investments or the use of money as such, and also
amounts derived as dividends by a parent from its sub-
sidiary corporations.
(5) International Banking Facilities. This chapter
shall not apply to the gross receipts of an international
banking facility. As used in this subsection, an "interna-
tional banking facility" means a facility represented by
a set of asset and liability accounts segregated on the
books and records of a commercial bank, the principal
office of which is located in this State, and which is
incorporated and doing business under the laws of the
United States or of this State, a United States branch or
agency of a foreign bank, an Edge corporation orga-
nized under Section 25(a) of the Federal Reserve Act, 12
United States Code 611 - 631, or an Agreement corpo-
ration having an agreement or undertaking with the
Board of Governors of the Federal Reserve System
under Section 25 of the Federal Reserve Act, 12 United
States Code 601 - 604(a), that includes only interna-
tional banking facility time deposits (as defined in sub-
section (a)(2) of Section 204.8 of Regulation D (12 CFR
Part 204), as promulgated by the Board of Governors of
the Federal Reserve System), and international banking
facility extensions of credit (as defined in subsection
(a)(3) of Section 204.8 of Regulation D).
(Revised 3/05)3.48-14
(6) Insurance Business. This chapter shall not
apply to amounts received by any person or agent who
is an insurer upon which a tax based on gross premiums
is paid to the State pursuant to RCW 48.14.020; pro-
vided, that the provisions of this subsection shall not
exempt any person engaging in the business of insur-
ance as a broker as defined in RCW 48.17.020 or as a
solicitor as defined in RCW 48.17.030; and provided
further, that the provisions of this subsection shall not
exempt any bonding company from tax with respect to
gross income derived from the completion of any con-
tract as to which it is a surety, or as to any liability as
successor to the liability of the defaulting contractor.
(7) Farmers - Agriculture. This chapter shall not
apply to any farmer in respect to amounts received from
selling fruits, vegetables, berries, butter, eggs, fish, milk
poultry, meats or any other agricultural product that is
raised, caught, produced, or manufactured by such per-
sons.
(8) Athletic Exhibitions. This chapter shall not
apply to any person in respect to the business of con-
ducting boxing contests and sparring or wrestling
matches and exhibitions for the conduct of which a
license must be secured from the State Boxing Commis-
sion.
(9) Racing. This chapter shall not apply to any per-
son in respect to the business of conducting race meets
for the conduct of which a license must be secured from
the Washington State Horse Racing Commission.
(10)Ride Sharing. This chapter does not apply to
any funds received in the course of commuter ride shar-
ing or ride sharing for persons with special transporta-
tion needs in accordance with RCW 46.74.010.
(11)Employees. This chapter shall not apply to:
(a) Any person in respect to the person’s
employment in the capacity as an employee or servant
as distinguished from that of an independent contractor.
For the purposes of this subsection, the definition of
employee shall include those persons that are defined in
the Internal Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW
18.16.020, is an independent contractor for purposes of
this chapter.
(12)Amounts Derived from Sale of Real Estate.
This chapter shall not apply to gross proceeds derived
from the sale of real estate. This, however, shall not be
construed to allow an exemption of amounts received as
commissions from the sale of real estate, nor as fees,
handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transac-
tions. This chapter shall also not apply to amounts
received for the rental of real estate if the rental income
is derived from a contract to rent for a continuous period
of thirty (30) days or longer.
(13)Mortgage Brokers’ Third-Party Provider Ser-
vices Trust Accounts. This chapter shall not apply to
amounts received from trust accounts to mortgage bro-
kers for the payment of third-party costs if the accounts
are operated in a manner consistent with RCW
19.146.050 and any rules adopted by the director of
financial institutions.
(14)Amounts Derived from Manufacturing, Selling
or Distributing Motor Vehicle Fuel. This chapter shall
not apply to the manufacturing, selling, or distributing
motor vehicle fuel, as the term "motor vehicle fuel" is
defined in RCW 82.36.010 and exempt under RCW
82.36.440; provided, that any fuel not subjected to the
State fuel excise tax, or any other applicable deduction
or exemption, will be taxable under this chapter.
(15)Amounts Derived from Liquor, and the Sale or
Distribution of Liquor. This chapter shall not apply to
liquor as defined in RCW 66.04.010 and exempt in
RCW 66.08.120.
(16)Casual and Isolated Sales. This chapter shall
not apply to the gross proceeds derived from casual or
isolated sales.
(17)Accommodation Sales. This chapter shall not
apply to sales for resale by persons regularly engaged in
the business of making retail sales of the type of prop-
erty so sold to other persons similarly engaged in the
business of selling such property where (1) the amount
paid by the buyer does not exceed the amount paid by
the seller to the vendor in the acquisition of the article,
and (2) the sale is made as an accommodation to the
buyer to enable the buyer to fill a bona fide existing
order of a customer or is made within fourteen (14) days
to reimburse in kind a previous accommodation sale by
the buyer to the seller.
(18)Taxes Collected as Trust Funds. This chapter
shall not apply to amounts collected by the taxpayer
from third parties to satisfy third party obligations to pay
taxes such as the retail sales tax, use tax, and admission
tax. (Ord. 4924 §4, 2004; Ord. 4843, Added,
01/03/2003)
3.48.100 DEDUCTIONS.
In computing the license fee or tax, there may be
deducted from the measure of tax the following items:
(1) Compensation from Public Entities for Health
or Social Welfare Services - Exception. In computing
tax, there may be deducted from the measure of tax
amounts received from the United States or any instru-
mentality thereof or from the State of Washington or
any municipal corporation or political subdivision
thereof as compensation for, or to support, health or
social welfare services rendered by a health or social
welfare organization (as defined in RCW 82.04.431) or
by a municipal corporation or political subdivision,
except deductions are not allowed under this subsection
for amounts that are received under an employee benefit
3.48-15 (Revised 3/05)
plan. For purposes of this subsection, "employee benefit
plan" includes the military benefits program authorized
in 10 USC Section 1071 et seq., as amended, or amounts
payable pursuant thereto.
(2) Interest on Investments or Loans Secured by
Mortgages or Deeds of Trust. In computing tax, there
may be deducted from the measure of tax by those
engaged in banking, loan, security or other financial
businesses, amounts derived from interest received on
investments or loans primarily secured by first mort-
gages or trust deeds on non-transient residential proper-
ties.
(3) Interest on Obligations of the State, its Political
Subdivisions, and Municipal Corporations. In comput-
ing tax, there may be deducted from the measure of tax
by those engaged in banking, loan, security or other
financial businesses, amounts derived from interest paid
on all obligations of the State of Washington, its politi-
cal subdivisions, and municipal corporations organized
pursuant to the laws thereof.
(4) Interest on Loans to Farmers and Ranchers,
Producers or Harvesters of Aquatic Products, or Their
Cooperatives. In computing tax, there may be deducted
from the measure of tax amounts derived as interest on
loans to bona fide farmers and ranchers, producers or
harvesters of aquatic products, or their cooperatives by
a lending institution which is owned exclusively by its
borrowers or members and which is engaged solely in
the business of making loans and providing finance-
related services to bona fide farmers and ranchers, pro-
ducers or harvesters of aquatic products, their coopera-
tives, rural residents for housing, or persons engaged in
furnishing farm-related or aquatic-related services to
these individuals or entities.
(5) Receipts from Tangible Personal Property
Delivered Outside the State. In computing tax, there
may be deducted from the measure of tax under retailing
or wholesaling amounts derived from the sale of tangi-
ble personal property that is received by the purchaser or
its agent outside the State of Washington.
(6) Cash Discount Taken by Purchaser. In comput-
ing tax, there may be deducted from the measure of tax
the cash discount amounts actually taken by the pur-
chaser. This deduction is not allowed in arriving at the
taxable amount under the extracting or manufacturing
classifications with respect to articles produced or man-
ufactured, the reported values of which, for the purposes
of this tax, have been computed according to the "value
of product" provisions.
(7) Credit Losses of Accrual Basis Taxpayers. In
computing tax, there may be deducted from the measure
of tax the amount of credit losses actually sustained by
taxpayers whose regular books of account are kept upon
an accrual basis.
(8) Repair, Maintenance, Replacement, Etc., of
Residential Structures and Commonly Held Property -
Eligible Organizations.
(a) In computing tax, there may be deducted
from the measure of tax amounts used solely for repair,
maintenance, replacement, management, or improve-
ment of the residential structures and commonly held
property, but excluding property where fees or charges
are made for use by the public who are not guests
accompanied by a member, which are derived by:
(i) A cooperative housing association,
corporation, or partnership from a person who resides in
a structure owned by the cooperative housing associa-
tion, corporation, or partnership;
(ii) An association of owners of property
as defined in RCW 64.32.010, as now or hereafter
amended, from a person who is an apartment owner as
defined in RCW 64.32.010; or
(iii) An association of owners of residen-
tial property from a person who is a member of the asso-
ciation. "Association of owners of residential property"
means any organization of all the owners of residential
property in a defined area who all hold the same prop-
erty in common within the area.
(b) For the purposes of this subsection "com-
monly held property" includes areas required for com-
mon access such as reception areas, halls, stairways,
parking, etc., and may include recreation rooms, swim-
ming pools and small parks or recreation areas; but is
not intended to include more grounds than are normally
required in a residential area, or to include such exten-
sive areas as required for golf courses, campgrounds,
hiking and riding areas, boating areas, etc.
(c) To qualify for the deductions under this
subsection:
(i) The salary or compensation paid to
officers, managers, or employees must be only for actual
services rendered and at levels comparable to the salary
or compensation of like positions within the county
wherein the property is located;
(ii) Dues, fees, or assessments in excess
of amounts needed for the purposes for which the
deduction is allowed must be rebated to the members of
the association;
(iii) Assets of the association or organiza-
tion must be distributable to all members and must not
inure to the benefit of any single member or group of
members.
(9) Sales at Wholesale or Retail of Precious Metal
Bullion and Monetized Bullion. In computing tax, there
may be deducted from the measure of the tax amounts
derived from the sale at wholesale or retail of precious
metal bullion and monetized bullion. However, no
deduction is allowed on amounts received as commis-
(Revised 3/05)3.48-16
sions upon transactions for the accounts of customers
over and above the amount paid to other dealers associ-
ated in such transactions, and no deduction or offset is
allowed against such commissions on account of sala-
ries or commissions paid to salesmen or other employ-
ees.
(10)Amounts Representing Rental of Real Estate
for Boarding Homes. In computing tax, there may be
deducted from the measure of tax amounts representing
the value of the rental of real estate for "boarding
homes." To qualify for the deduction, the boarding
home must meet the definition of "boarding home, and
licensed by the State of Washington under Chapter
18.20 RCW. The deduction shall be in the amount of
twenty-five (25 percent of the gross monthly billing
when the boarder has resided within the boarding home
for longer than thirty (30) days.
(11)Radio and Television Broadcasting - Advertis-
ing Agency Fees - National, Regional, and Network
Advertising - Interstate Allocations. In computing tax,
there may be deducted from the measure of tax by radio
and television broadcasters amounts representing the
following:
(a) Advertising agencies’ fees when such fees
or allowances are shown as a discount or price reduction
in the billing or that the billing is on a net basis, i.e., less
the discount;
(b) Actual gross receipts from national net-
work, and regional advertising or a "standard deduction"
as provided by RCW 82.04.280; and
(c) Local advertising revenue that represent
advertising which is intended to reach potential custom-
ers of the advertiser who are located outside the State of
Washington. The Director may issue a rule that provides
detailed guidance as to how these deductions are to be
calculated.
(12)Constitutional Prohibitions. In computing tax,
there may be deducted from the measure of the tax
amounts derived from business which the City is prohib-
ited from taxing under the Constitution of the State of
Washington or the Constitution of the United States.
(Ord. 4843, Added, 01/03/2003)
3.48.120 TAX PART OF OVERHEAD.
It is not the intention of this chapter that the taxes or
fees herein levied upon persons engaging in business be
construed as taxes or fees upon the purchasers or cus-
tomer, but that such taxes or fees shall be levied upon,
and collectible from, the person engaging in the busi-
ness activities herein designated and that such taxes or
fees shall constitute a part of the cost of doing business
of such persons. (Ord. 4843, Added, 01/03/2003)
3.48.125 RULES AND REGULATIONS.
The Director may establish administrative rules and
regulations as deemed appropriate, consistent with this
chapter for the purpose of enforcing and carrying out its
provisions. (Ord. 4843, Added, 01/03/2003)
3.48.130 SEVERABILITY CLAUSE.
If any provision of this chapter or its application to
any person or circumstance is held invalid, the remain-
der of the chapter or the application of the provision to
other persons or circumstances shall not be affected.
(Ord. 4843, Added, 01/03/2003)
3.50-1 (Revised 3/05)
Chapter 3.50
UTILITY TAXES
Sections:
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
3.50.020 BUSINESS LICENSE -
REQUIRED.
3.50.030 ADMINISTRATIVE
PROVISIONS.
3.50.040 DEFINITIONS.
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
3.50.060 DEDUCTIONS.
3.50.070 TAX - WHEN DUE.
3.50.080 RULES AND REGULATIONS.
3.50.090 SEVERABILITY.
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City Code. (Ord. 4895 §2, 2004;
Ord. 4844, Added, 01/03/2003)
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
"Cellular telephone service" is a voice or data tele-
phone/telecommunications system based in whole or
substantial part on wireless radio communications,
whether or not the communications are subject to regu-
lation by the Washington Utilities and Transportation
Commission (WUTC). This includes cellular mobile
service. Cellular mobile service includes other wireless
radio communications services such as specialized
mobile radio (SMR), personal communications services
(PCS), and any other evolving wireless radio communi-
cations technology which accomplishes the same pur-
pose as cellular mobile service.
"Competitive telephone service" means the providing
by any person of telephone telecommunications equip-
ment or apparatus, or service related to that equipment
or apparatus such as a repair and maintenance service, if
the equipment or apparatus is of a type which can be
provided by persons who are not subject to regulation as
telephone companies under RCW Title 80, and for
which a separate charge is made.
"Gross income" means the value proceeding or accru-
ing by reason of the business activity engaged in and
operations incidental thereto, and includes gross pro-
ceeds of sales, compensation for the rendition of ser-
vices and other emoluments, but without any deduction
on account of the cost of the commodity furnished or
sold, the cost of materials used, labor costs, interest, dis-
count, delivery costs, taxes, or any other expense what-
soever paid or accrued and without any deduction on
account of losses.
"Gross income from timber sales" means "stumpage
value of timber" as defined in Chapter 84.33 RCW
minus the costs of production including, but not limited
to, logging and trucking costs, fees and excise taxes.
"Page service" means service provided by means of an
electronic device that has the ability to send or receive
voice or digital messages transmitted through the local
telephone network, via satellite or any other form of
voice or data transmission.
"Reporting period" means a one (1) month period
beginning the first day of each calendar month
(monthly).
"Solid waste collection service" means receiving solid
waste from any facility or location within the City for
transfer, processing, treatment, storage, or disposal,
including, but not limited to, all collection services, pub-
lic or private dumps or landfills, transfer stations, and
other similar operations.
"Solid waste," for purposes of this chapter, means gar-
bage, trash, rubbish, or other material discarded as
worthless or not economically viable for further use,
infectious, hazardous, or toxic wastes, and recyclable or
reusable materials collected, in whole or part, for recy-
cling or salvage.
"Telephone business" means the providing by any per-
son of access to a local telephone network, local tele-
phone network switching service, toll service, cellular
or mobile telephone service, coin telephone service,
page service, or the providing of telephonic, video, data,
or similar communication, or transmission for hire, via
a local telephone network, toll line or channel, cable,
(Revised 3/05)3.50-2
microwave, or similar communication or transmission
system. The term includes cooperative or farmer line
telephone companies or associations operating
exchanges. The term also includes the provision of
transmission to and from the site of an internet provider
via a local telephone network, toll line or channel, cable,
microwave, or similar communication or transmission
system. "Telephone business" does not include the pro-
viding of competitive telephone service, or providing of
cable television service, or other providing of broadcast
services by radio or television stations. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
In addition to other taxes or fees that may be
imposed or levied by the City, there is hereby levied
upon all persons (including the City) engaging in busi-
ness within the City, a fee or tax to be collected as fol-
lows:
(a) Gas. Upon every person engaging in the busi-
ness of transmitting, distributing or the selling of manu-
factured or natural gas, a fee or tax equal to six (6)
percent of the total gross income from such business
conducted within the City.
(b) Water. Upon every person engaging in the
business of providing water utility service, a fee or tax
equal to eight and one-half (8.5) percent of the total
gross income from such business conducted within the
City. The total gross income from the business of pro-
viding water utility service includes the "gross income
from timber sales" of the utility as that term is defined in
this chapter.
(c) Wastewater. Upon every person engaging in
the business of providing wastewater utility service, a
fee or tax equal to eight and one-half (8.5) percent of the
total gross income from such business conducted within
the City.
(d) Stormwater. Upon every person engaging in
the business of providing stormwater utility service, a
fee or tax equal to eight and one-half (8.5) percent of the
total gross income from such business conducted within
the City.
(e) Cable. Upon every person engaging in the
business of transmitting television signals by means of a
cable distribution system commonly known as televi-
sion cable service, a fee or tax equal to seven (7) percent
of the total gross income from such business conducted
within the City.
(f) Solid waste. Upon every person engaging in
the business of providing solid waste collection service,
a fee or tax equal ten (10) percent of the total gross
income from such business conducted within the City.
(g) Electricity. Upon every person engaging in the
business of producing, transmitting, distributing or sell-
ing electricity, a fee or tax equal to six (6) percent of the
total gross income from such business conducted within
the City.
(h) Telephone. Upon every person engaged in car-
rying on a telephone business for hire or for sale of a
commodity or a service within or partly within the cor-
porate limits of the City, a tax for the privilege of so
doing business a tax equal to six (6) percent of the total
gross income rendered within the City.
(1) Deductions. In computing the telephone
tax, there shall be deducted from the gross operating
revenues the following items:
(i) Amounts derived from transactions in
interstate or foreign commerce or from any business
which the City is prohibited from taxing under the Con-
stitutions of the United States or the State of Washing-
ton.
(ii) Amounts derived from that portion of
network telephone service, as defined in RCW
82.04.065, which represents charges to another telecom-
munications company, as defined in RCW 80.04.010,
for connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services or
charges for network telephone service that is purchased
for the purpose of resale.
(iii) Adjustments made to a billing or to a
customer account or to a telecommunications company
accrual account in order to reverse a billing or charge
that had been made as a result of third-party fraud or
other crime and was not properly a debt of a customer.
(iv) A complete deduction from gross
income shall be allowed for credit losses, only to cellu-
lar telephone service companies which keep their regu-
lar books of account on an accrual basis, for cash
discounts and credit losses actually sustained by a tax-
payer as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone
Service.
(i) Service address. Payments by a cus-
tomer for the telephone service from telephones without
a fixed location shall be allocated among taxing jurisdic-
tions to the location of the customer’s principal service
address during the period for which the tax applies.
(ii) Roaming phones. When the service is
provided while a subscriber is roaming outside the sub-
scriber's normal cellular network area, the gross income
shall be assigned consistent with the taxpayer's account-
ing system to the location of the originating cell site of
the call, or to the location of the main cellular switching
office that switched the call.
(i) Except for solid waste, utility taxes will be fro-
zen at their current rates for a period of two (2) years
through fiscal year 2005 unless City Council unfreezes
the cap with a super-majority vote of the whole Council
3.50-3 (Revised 3/05)
as seated. (Ord. 4918 §1, 2004; Ord. 4895 §2, 2004;
Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003)
3.50.060 DEDUCTIONS.
(a) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
revenues derived from business which the City is pro-
hibited from taxing under the Constitutions or laws of
the State of Washington or the United States or the
Charter of the City.
(b) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
the amount of State excise taxes, pursuant to Chapter
82.18 RCW, imposed directly upon persons using the
service of a solid waste collection business and collected
for payment to the State by the solid waste collection
business.
(c) There may be deducted from the total gross
income, upon which the license fee or tax is imposed
under BMC 3.50.050, revenues derived from providing
the service of collecting recyclable materials, as fol-
lows:
(1) Commercial Recycling. Revenues derived
from the service of collecting commercial recyclable
materials. This exemption is limited to materials actu-
ally resold and computed in proportion to weight, as fol-
lows:
(i) Any weight added by processing or
treatment after collection is subtracted from the weight
as sold to obtain the allowable weight as sold; and
(ii) Revenues are multiplied by a fraction,
the numerator of which is the allowable weight as sold
and the denominator of which is the weight as collected.
(2) This deduction does not apply to any
energy recovery or fuel-use process, nor in any case
where materials collected have not been sold for com-
mercial reuse within one hundred (100) days from the
date of collection. This period may be extended when a
taxpayer shows to the Department’s satisfaction that
market conditions necessitate a longer period for sale.
(Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.070 TAX - WHEN DUE.
The tax imposed by this chapter shall be due and
payable in monthly installments. (Ord. 4895 §2, 2004)
3.50.080 RULES AND REGULATIONS.
The Director may establish administrative rules and
regulations as deemed appropriate, consistent with this
chapter for the purpose of enforcing and carrying out its
provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.070)
3.50.090 SEVERABILITY.
If any provision or section of this chapter shall be
held void or unconstitutional, all other parts, provisions,
and sections of this chapter not expressly so held to be
void or unconstitutional shall continue in full force and
effect. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.080)
6.32-1 (Revised 3/05)
Chapter 6.32
NOISE LEVELS
Sections:
6.32.010 DEFINITIONS.
6.32.040 ENVIRONMENTAL SOUND -
MAXIMUM PERMISSIBLE
LEVELS.
6.32.050 MEASUREMENT OF SOUND.
6.32.060 POSITION OF
ADMINISTRATOR
ESTABLISHED.
6.32.070 VARIANCE PROCEDURE.
6.32.090 RIGHT TO APPEAL.
6.32.110 PUBLIC DISTURBANCE
NOISES.
6.32.115 BELLS, CHIMES OR
CARILLONS.
6.32.120 VIOLATIONS - CIVIL
PENALTY, CRIMINAL
PENALTY.
6.32.010 DEFINITIONS.
All technical terminology used in this chapter not
defined herein shall be interpreted in conformance with
American National Standards Institute Specifications,
Sections 1.1-1960 and 1.4-1971. For purposes of this
chapter, the words and phrases used herein shall have
the meaning indicated below:
(a) "Administrator" means the Mayor of the City
of Bremerton or his or her designee.
(b) "db(A)" means a sound level, measured in
decibels, using the A frequency-weighing network of a
sound-level meter.
(c) "District" means the land-use zones to which
the provisions of this chapter apply. For the purposes of
this chapter, the following noise control districts shall be
established, which include land use zones designated in
the Bremerton zoning ordinance, as follows:
(d) "Emergency work" means:
(1) Work made necessary to restore property
to a safe condition following a public calamity;
(2) Work required to protect persons or prop-
erty from imminent exposure to danger; or
(3) Work by private or public utilities for pro-
viding or restoring immediately necessary utility service.
(e) "Motorcycle" means any motor vehicle having
a saddle for the use of the rider and designed to travel on
not more than three (3) wheels in contact with the
ground, except farm tractors and such vehicles powered
by an engine of less than five (5) horsepower.
(f) "Motor vehicle" means any vehicle which is
self-propelled, used primarily for transporting persons
or property upon public highways, and required to be
licensed under RCW 46.16.010 or a motorized transpor-
tation device as defined in BMC 10.13.010. (Aircraft,
watercraft, and vehicles used on rails or tracks are not
motor vehicles as that term is used herein.)
(g) "Noise" means the intensity, duration and char-
acter of sounds from any and all sources.
(h) "Person" means any individual firm, associa-
tion, partnership, corporation or any other entity, public
or private.
(i) "Police officer" means a duly appointed city,
county or State law enforcement officer.
(j) "Property boundary" means the survey line at
ground surface which separates real property owned,
rented or leased by one or more other persons and its
vertical extension.
(k) "Receiving property" means real property
within which sound originating from sources outside the
property is received.
(l) "Sound level" means a weighted sound pres-
sure level obtained by the use of a sound level meter and
weighted as specified in American National Standards
Institute Specifications, Section 1.4-1971.
(m) "Sound level meter" means a sound-level mea-
suring device, either Type I or Type II, as defined by
American National Standards Institute Specifications,
Section 1.4-1971.
(n) "Weekend" means Saturday and Sunday or any
legal holiday. (Ord. 4915 §2, 2004; Ord. 4891 §1, 2004;
Ord. 4226 §1, 1989; Ord. 3722 §1, 1982)
6.32.040 ENVIRONMENTAL SOUND -
MAXIMUM PERMISSIBLE
LEVELS.
(a) It is unlawful for any person to cause or permit
noise from any source located within the City of
Bremerton to intrude into the property of another which
exceeds the maximum or permissible noise level set
forth below:
Noise Control District Land Use Zones
District I SF1, SF2, SF3, CBR, DR,
MF, MR
District II PO, NB, GB, SC, BC, BP,
MX, PS, LPO, DW, DC
District III IP, IG, WS, FM TABLE I
District of
Sound Source
District Receiving Property Within
the City of Bremerton
IIIIII
I 55 dB(A) 57 dB(A) 60 dB(A)
II 57 dB(A) 60 dB(A) 65 dB(A)
(Revised 3/05)6.32-2
(b) Between the hours of 10:00 p.m. and 7:00 a.m.
the noise limitations of the foregoing table shall be
reduced by ten (10) dBA for receiving property within
District I.
(c) At any hour of the day or night the applicable
noise limitations in (a) and (b) above may be exceeded
for any receiving property by no more than:
(1) Five (5) dBA for a total of fifteen (15)
minutes in any one (1) hour period; or
(2) Ten (10) dBA for a total of five (5) min-
utes in any one (1) hour period; or
(3) Fifteen (15) dBA for a total of one and
one-half (1.5) minutes in any one (1) hour period.
(d) Exemptions.
(1) The following shall be exempt from the
provisions of subsections (a) and (b) between the hours
of 7:00 a.m. and 10:00 p.m.:
i. Sounds originating from residential
property relating to temporary projects for the mainte-
nance or repair of homes, grounds and appurtenances.
ii. Sounds created by the discharge of
firearms on authorized shooting ranges.
iii. Sounds created by blasting.
iv. Sounds created by aircraft engine
testing and maintenance not related to flight operations;
provided, that aircraft testing and maintenance shall be
conducted at remote sites whenever possible.
v. Sounds created by the installation or
repair of essential utility services.
(2) The following shall be exempt from the
provisions of subsection (b).
i. Noise from electrical substations and
existing stationary equipment used in the conveyance of
water, waste water, and natural gas by a utility.
ii. Noise from existing industrial instal-
lations which exceed the standards contained in these
regulations and which, over the previous three years,
have consistently operated in excess of fifteen (15)
hours per day as a consequence of process necessity
and/or demonstrated routine normal operation. Changes
in working hours, which would affect exemptions under
this regulation, require approval of the State Department
of Ecology.
(3) The following shall be exempt from the
provisions of subsections (a) and (b), except insofar as
such provisions relate to the reception of noise within
District I between the hours of 10:00 p.m. and 7:00 a.m.
i. Sounds originating from temporary
construction sites as a result of construction activity.
ii. Sounds originating from forest har-
vesting and silvicultural activity.
(4) The following shall be exempt from all
provisions of subsections (a) and (b):
i. Sounds created by motor vehicles
when regulated by Chapter 173-62 WAC.
ii. Sounds originating from aircraft in
flight and sounds that originate at airports which are
directly related to flight operations.
iii. Sounds created by surface carriers
engaged in interstate commerce by railroad.
iv. Sounds created by warning devices
not operating continuously for more than five (5) min-
utes, or bells, chimes, and carillons.
v. Sounds created by safety and protec-
tive devices where noise suppression would defeat the
intent of the device or is not economically feasible.
vi. Sounds created by emergency equip-
ment and work necessary in the interests of law enforce-
ment or for health safety or welfare of the community.
vii. Sounds originating from motor vehi-
cle racing events at existing authorized facilities.
viii. Sounds originating from officially
sanctioned parades and other public events.
ix. Sounds emitted from petroleum refin-
ery boilers during start-up of said boilers; provided, that
the start-up operation is performed during daytime
hours whenever possible.
x. Sounds created by watercraft.
xi. Sound created by the discharge of
firearms in the course of hunting.
xii. Sounds created by motor vehicles,
licensed or unlicensed, when operated off public high-
ways except when such sounds are received in District
I. (Ord. 4226 §3, 1989; Ord. 3722 §3, 1982)
6.32.050 MEASUREMENT OF SOUND.
(a) If the measurements of sound are made with a
sound-level meter, it shall be an instrument in good
operating condition meeting the requirements for a Type
I or Type II instrument, as delineated in American
National Standards Institute Specifications (ANSI),
Section 1.4-1971. If the measurements are made with
other instruments, or assemblages of instruments, the
procedure must be carried out in such a manner that the
overall accuracy shall be at least that called for in Sec-
tion 1.4-1971 ANSI for Type II instruments.
(b) When the location, distance or technique for
measurement of sound is impractical or would yield
misleading or inaccurate results, measurements shall be
taken at other locations or distances utilizing appropri-
III 60 dB(A) 65 dB(A) 70 dB(A)
TABLE I
District of
Sound Source
District Receiving Property Within
the City of Bremerton
6.32-2.1 (Revised 3/05)
ate correction factors, as specified in the rules promul-
gated by the Administrator.
(c) Where a receiving party is partly within one (1)
district and partly within another, the maximum permis-
sible noise level at a point within the property
9A.44-1 (Revised 3/05)
Chapter 9A.44
PUBLIC DISTURBANCES
Sections:
9A.44.010 DEFINITIONS.
9A.44.020 DISORDERLY CONDUCT.
9A.44.030 FAILURE TO DISPERSE.
9A.44.040 EXPECTORATING.
9A.44.050 MISCHIEF ON BRIDGES.
9A.44.060 UNLAWFUL BUS CONDUCT.
9A.44.070 LEWD CONDUCT.
9A.44.080 INTRODUCING CONTRABAND
IN THE THIRD DEGREE.
9A.44.090 RIOT.
9A.44.100 PEDESTRIAN
INTERFERENCE.
9A.44.010 DEFINITIONS.
The following definitions are applicable in BMC
9A.44.020 through 9A.44.080, unless the context other-
wise requires:
(a) "Peace" as used in the phrase "public peace"
means the tranquility enjoyed by members of a commu-
nity where good order presides.
(b) "Public place" means an area generally visible
to public view and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots and build-
ings open to the general public, including those that
serve food or drink or provide entertainment, and the
doorways and entrances to buildings or dwellings and
the grounds enclosing them.
(c) "Unreasonably disrupts" means to substan-
tially impair the conduct of the meeting by intentionally
committing acts in violation of implicit customs or
usages or of explicit rules for governance of the meeting
he or she knew, or as a reasonable man or woman should
have known. (Ord. 4850 §2 (in part), 2003)
9A.44.020 DISORDERLY CONDUCT.
RCW 9A.84.030 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44.030 FAILURE TO DISPERSE.
RCW 9A.84.020 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44.040 EXPECTORATING.
It is unlawful for a person to expectorate upon the
floor, walls or furniture of any public conveyance, pub-
lic building or any store open to and used by the public.
(Ord. 4850 §2 (in part), 2003)
9A.44.050 MISCHIEF ON BRIDGES.
It is unlawful for any person to intentionally:
(a) Throw, drop or otherwise cause any object or
missile to be thrown, dropped or released from any por-
tion of any bridge, including the bridges crossing the
Port Washington Narrows, commonly known as the
Bremerton-Manette and Warren Avenue Bridges; or
(b) Jump, leap or go upon with the intent of jump-
ing or leaping from any portion of any bridge, including
the Port Washington Narrows, commonly known as the
Bremerton-Manette and Warren Avenue Bridges. (Ord.
4850 §2 (in part), 2003)
9A.44.060 UNLAWFUL BUS CONDUCT.
(a) A person is guilty of unlawful bus conduct if,
while on or in a municipal transit vehicle and with
knowledge that such conduct is prohibited, he or she:
(1) Smokes or carries a lighted or smoldering
pipe, cigar or cigarette; or
(2) Discards litter other than in designated
receptacles; or
(3) Plays any radio, recorder, or other sound-
producing equipment, except that nothing herein shall
prohibit use of such equipment when connected to ear-
phones that limit the sound to the individual listeners or
the use of a communication device by an employee of
the owner or operator of the municipal transit vehicle; or
(4) Spits or expectorates; or
(5) Carries any flammable liquid, explosive,
acid, or other article or material likely to cause harm to
others, except that nothing herein shall prevent a person
from carrying a cigarette, cigar, or pipe lighter or carry-
ing a firearm or ammunition in a way that is not other-
wise prohibited by law.
(b) A municipal transit vehicle includes every
motor vehicle, street car, train, trolley vehicle, and any
other device, which: (1) is capable of being moved
within, upon, above or below a public highway; (2) is
owned or operated by the Kitsap County Public Transit
Authority; and (3) is used for the purpose of carrying
passengers, together with incidental baggage and freight
on a regular schedule. (Ord. 4850 §2 (in part), 2003)
9A.44.070 LEWD CONDUCT.
(a) (1) A person is guilty of lewd conduct if he
intentionally performs a lewd act in a public place or at
a place and under circumstances where such act could
be observed by the public.
(2) The owner or operator of premises open to
the public is guilty of a misdemeanor if he intentionally
permits lewd conduct in a public place under his control.
(b) "Lewd act" means:
(Revised 3/05)9A.44-2
(1) Public exposure of one’s genitals, but-
tocks, or any portion of the female breast below the top
of the areola; or
(2) Public touching, caressing or fondling of
the genitals or female breast; or
(3) Public urination or defecation in a place
other than a washroom or toilet room; or
(4) Public masturbation; or
(5) Public sexual intercourse.
(c) "Public" or "public display" means easily visi-
ble from a public thoroughfare or from property of oth-
ers, or in a public place in manner so obtrusive as to
make it difficult for an unwilling person to avoid expo-
sure.
(d) This chapter shall not be construed to prohibit:
(1) Plays, operas, musicals or other dramatic
works which are not obscene;
(2) Classes, seminars and lectures held for sci-
entific or education purposes;
(3) Exhibitions or dances which are not
obscene. (Ord. 4850 §2 (in part), 2003)
9A.44.080 INTRODUCING CONTRABAND IN
THE THIRD DEGREE.
RCW 9A.76.160 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44.090 RIOT.
RCW 9A.84.010 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.44.100 PEDESTRIAN INTERFERENCE.
(a) The following definitions apply in this section:
(1) "Aggressively beg" means to beg with the
intent to intimidate another person into giving money or
goods.
(2) "Intimidate" means to engage in conduct
which would make a reasonable person fearful or feel
compelled.
(3) "Beg" means to ask for money or goods as
a charity, whether by words, bodily gestures, signs, or
other means.
(4) "Obstruct pedestrian or vehicular traffic"
means to walk, stand, sit, lie, or place an object in such
a manner as to block passage by another person or a
vehicle, or to require another person or a driver of a
vehicle to take evasive action to avoid physical contact.
Acts authorized as an exercise of one’s constitutional
right to picket or to legally protest, and acts authorized
by a permit issued pursuant to the Bremerton Municipal
Code, shall not constitute obstruction of pedestrian or
vehicular traffic.
(5) "Public place" means an area generally
visible to public view and includes alleys, bridges,
buildings, driveways, parking lots, parks, plazas, side-
walks and streets open to the general public, including
those that serve food or drink or provide entertainment,
and the doorways and entrances to buildings or dwell-
ings and grounds enclosing them.
(b) A person is guilty of pedestrian interference if,
in a public place, he or she intentionally:
(1) Obstructs pedestrian or vehicular traffic;
or
(2) Aggressively begs.
(c) Pedestrian interference is a misdemeanor.
(Ord. 4930 §1, 2005)
9A.48-1 (Revised 3/05)
Chapter 9A.48
MALICIOUS PROSECUTION - ABUSE OF
PROCESS
Sections:
9A.48.010 MALICIOUS PROSECUTION.
9A.48.020 INSTITUTING SUIT IN NAME
OF ANOTHER.
9A.48.030 CRIMINAL IMPERSONATION.
9A.48.010 MALICIOUS PROSECUTION.
RCW 9.62.010, with the exception of those provi-
sions contained therein for which a violation constitutes
a felony crime, is adopted by reference as currently
enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.48.020 INSTITUTING SUIT IN NAME OF
ANOTHER.
RCW 9.62.020 is adopted by reference as currently
enacted and as hereinafter amended from time to time,
and shall be given the same force and effect as if set
forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.48.030 CRIMINAL IMPERSONATION.
RCW 9A.60.045 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time, and shall be given the same force and effect as if
set forth herein in full. (Ord. 4905 §1, 2004; Ord. 4850
§2 (in part), 2003)
(Revised 3/05)
Title 10
TRAFFIC
Chapters:
10.04 STATE STATUTES
10.10 RESTRICTED PARKING ZONES
10.11 PARKING ENFORCEMENT
10.12 BICYCLES AND SKATEBOARDS
10.13 MOTORIZED WHEELED TRANSPORTATION
DEVICES
10.14 BICYCLE SAFETY AND HELMETS
10.16 TURNING MOVEMENTS
10.24 OVERSIZE LOADS
10.36 COMPRESSION BRAKES
10.40 COMMUTE TRIP REDUCTION PLAN
10.13-1 (Revised 3/05)
Chapter 10.13
MOTORIZED WHEELED TRANSPORTATION
DEVICES
Sections:
10.13.010 DEFINITIONS.
10.13.020 DUTY TO OBEY TRAFFIC-
CONTROL DEVICES AND
RULES OF THE ROAD.
10.13.030 NEGLIGENT OPERATION -
PROHIBITED.
10.13.040 PROHIBITED AREAS.
10.13.050 PARENTAL RESPONSIBILITY.
10.13.060 MINIMUM AGE AND HOURS
OF OPERATION.
10.13.070 HELMET, REFLECTORS,
LIGHTS.
10.13.080 BRAKES REQUIRED.
10.13.090 NOISE.
10.13.100 NO MORE THAN ONE (1)
PERSON PERMITTED -
TOWING OR PULLING
PROHIBITED.
10.13.110 VIOLATION - PENALTY.
10.13.010 DEFINITIONS.
The following words and phrases when used in this
chapter shall, for the purpose of this chapter, have the
meanings respectively ascribed to them in this section:
(a) "Motorized wheeled transportation device"
shall mean any device which is not required to be
licensed pursuant to RCW 46.16.010, and is propelled
by an electric motor or liquid fuel engine, and is
intended to transport a person on or across land. A
motorized wheeled transportation device shall include,
but shall not be limited to, a "motorized foot scooter" as
that term is defined in RCW 46.04.336 and any electric
or gas powered scooter, powered board, motor powered
skateboard, or other similar motorized wheeled device,
regardless of the manner in which the device is
designed; provided, that a motorized wheeled transpor-
tation device shall not include any motorized wheeled
device defined as follows:
Motorized wheeled transportation device does not
include any vehicle that is prohibited by State law from
being operated or used in or upon a street or sidewalk.
(b) "Park" means and includes all City parks, pub-
lic squares, park drives, parkways, boulevards, golf
courses, and play and recreation grounds under the juris-
diction of the City of Bremerton parks and recreation
department.
(c) "Public place" means and includes publicly
owned, leased or operated parking lots or publicly
owned, leased or operated real property, and any public
places appropriated to the public for public use, whether
improved or unimproved.
(d) "Right-of-way" shall mean the entire width
between the boundary lines of every way publicly main-
tained when any part thereof is open to the use of the
public for purposes of vehicular travel and including the
sidewalks and shoulder areas.
(e) "Sidewalk" means that portion of a right-of-
way that excludes the street but includes the sidewalk
and shoulder area, whether improved or unimproved.
(f) "Street" means that portion of any right-of-way
including any highway, avenue, lane, road, street, drive,
place, boulevard, alley, and every way or place in the
City of Bremerton open as a matter of right to public
vehicular travel. (Ord. 4915 §1, 2004)
10.13.020 DUTY TO OBEY TRAFFIC-
CONTROL DEVICES AND RULES
OF THE ROAD.
Except as provided in this chapter, every person
operating a motorized wheeled transportation device
upon a street shall have the same rights and duties as
operators of bicycles. (Ord. 4915 §1, 2004)
10.13.030 NEGLIGENT OPERATION -
PROHIBITED.
The negligent operation of a motorized wheeled
transportation device on any street shall be prohibited.
For the purposes of this section, the term "negligent"
shall mean the failure to exercise ordinary care, and is
the doing of some act that a reasonably careful person
would not do under the same or similar circumstances or
the failure to do something that a reasonably careful per-
son would do under the same or similar circumstances.
(Ord. 4915 §1, 2004)
10.13.040 PROHIBITED AREAS.
The operation or use of motorized wheeled trans-
portation devices shall not be permitted, regardless of
the age of the operator, in or upon the following areas:
(a) Sidewalks while under power, however,
motorized wheeled transportation devices are permitted
in or upon public sidewalks under manual power. "Man-
ual power" means that the drive wheel is disengaged
from and not propelled by the electric or liquid fuel
Electric-assisted bicycle RCW 46.04.169
Electric personal assistive mobility device RCW 46.04.1695
Motorcycle RCW 46.04.330
Moped RCW 46.04.304
Motor-driven cycle RCW 46.04.332
Power wheelchair RCW 46.04.415
Wheelchair conveyance RCW 46.04.710
(Revised 3/05)10.13-2
power source (in neutral) and that the liquid fuel source
(combustion engine) is turned off.
(b) Improved or natural surface recreational trails
or pathways.
(c) Parks.
(d) Public places.
(e) Streets with a maximum speed limit in excess
of twenty-five (25) miles per hour. (Ord. 4915 §1, 2004)
10.13.050 PARENTAL RESPONSIBILITY.
A parent or guardian who has custody of any child
or ward under the age of eighteen (18) shall not autho-
rize or knowingly permit any such child or ward to vio-
late any of the provisions of this section. (Ord. 4915 §1,
2004)
10.13.060 MINIMUM AGE AND HOURS OF
OPERATION.
(a) No motorized wheeled transportation device
shall be operated on any street unless the operator is at
least fourteen (14) years of age.
(b) A motorized wheeled transportation device
shall not be operated on any street between the hours of
9:00 p.m. and 7:00 a.m. (Ord. 4915 §1, 2004)
10.13.070 HELMET, REFLECTORS, LIGHTS.
The following equipment shall be required when-
ever a motorized wheeled transportation device is oper-
ated on any street within the City:
(a) Helmet Required. Any person operating or
riding upon any motorized wheeled transportation
device shall, at all times, wear a "motorcycle helmet" as
that term is defined in RCW 46.37.530 or an approved
bicycle helmet certified by the United States Consumer
Product Safety Commission (CPSC), the American
National Standards Institute (ANSI), or the Snell Foun-
dation, and such helmet shall be worn on the head and
shall have the chin strap fastened securely while the
motorized wheeled transportation device is in motion.
(b) Lights and Reflectors Required. Every motor-
ized wheeled transportation device when in use during
the "hours of darkness" as defined in RCW 46.04.200
shall be equipped with a lamp on the front which shall
emit a white light visible from a distance of at least five
hundred (500) feet to the front and with a red reflector
or light on the rear of the motorized wheeled transporta-
tion device visible from a distance of up to five hundred
(500) feet from the rear of the device. (Ord. 4915 §1,
2004)
10.13.080 BRAKES REQUIRED.
Motorized wheeled transportation devices shall be
equipped with brakes that will enable the operator to
make the braked wheels skid on dry, level, clean pave-
ment. (Ord. 4915 §1, 2004)
10.13.090 NOISE.
(a) The operation of a motorized wheeled trans-
portation device shall be subject to the provisions of
BMC 6.32.110, entitled "Public Disturbance Noises."
(b) No motorized wheeled transportation device
powered by a liquid fuel motor shall be operated unless
such device is equipped with a properly working muffler
that is designed to reduce the noise produced by the
device. (Ord. 4915 §1, 2004)
10.13.100 NO MORE THAN ONE (1) PERSON
PERMITTED - TOWING OR
PULLING PROHIBITED.
(a) No more than one (1) person shall operate or
ride upon a motorized wheeled transportation device at
the same time. In the event that more than one (1) person
operates or rides upon a device at the same time, each
person operating or riding the device shall be in viola-
tion of this section.
(b) No person operating a motorized wheeled
transportation device shall tow or pull another person
behind such device. In the event that a person is towed
or pulled behind a motorized wheeled transportation
device, the person operating the motorized wheeled
transportation device and the person being towed or
pulled shall each be in violation of this section. (Ord.
4915 §1, 2004)
10.13.110 VIOLATION - PENALTY.
(a) Any person violating any provision of this
chapter, except for BMC 10.13.070(a), shall be guilty of
a civil infraction and shall be liable for monetary penal-
ties not to exceed forty dollars ($40.00), exclusive of
statutory assessments, provided, conduct that consti-
tutes a criminal offense may be charged as such and is
subject to the maximum penalties allowed for such
offenses. Community service hours may be imposed in
lieu of a monetary penalty.
(b) Any person violating BMC 10.13.070(a) shall
be guilty of a civil infraction and shall be liable for mon-
etary penalties as set forth in Chapter 7.80 RCW not to
exceed twenty-five dollars ($25.00) exclusive of statu-
tory assessments.
(c) Bremerton Municipal Court - Jurisdiction. The
Bremerton Municipal Court shall have jurisdiction to
adjudicate, in accordance with applicable laws, any vio-
lation of this chapter; provided, that in the event juris-
diction over a juvenile lies with another court, that other
court shall have jurisdiction to adjudicate the offense.
(Ord. 4927 §1, 2005; Ord. 4915 §1, 2004)
13.04-1 (Revised 3/05)
Chapter 13.04
PARK CODE
Sections:
13.04.010 TITLE.
13.04.020 DEFINITIONS.
13.04.030 SIGNS, BILLBOARDS, ETC.
13.04.040 DESTROYING PARK
PROPERTY.
13.04.050 ANIMALS AT LARGE.
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
13.04.070 TREATMENT OF ANIMALS
AND BIRDS.
13.04.080 SOLICITING AND PEDDLING.
13.04.090 MEETINGS AND ASSEMBLIES.
13.04.100 RIDING MOTOR VEHICLES,
NON-MOTORIZED VEHICLES
AND HORSES.
13.04.110 GAMES AND SPORTS.
13.04.120 POLLUTING WATERS.
13.04.130 FIRES.
13.04.140 INTOXICATING LIQUOR.
13.04.150 HOURS.
13.04.160 NONCOMPLIANCE -
EJECTION FROM PARK.
13.04.170 PROCEEDING AGAINST
VIOLATORS.
13.04.180 PENALTY FOR VIOLATIONS.
13.04.010 TITLE.
This chapter shall be known and may be cited as the
park code of the city of Bremerton. (Ord. 2191 §101,
1956)
13.04.020 DEFINITIONS.
The following terms, phrases, words and their deri-
vations will have the meaning given herein, unless
inconsistent with the context. Words using the present
tense include the future. Words in the plural number
include the singular number, and words in the singular
number include the plural number. The word "shall" is
always mandatory and not merely directive:
(1) "Superintendent" is the person immediately in
charge of all park areas and their activities, and to whom
all park attendants of any area are responsible.
(2) "Park" is a park, playground, beach, recreation
center, or any other area in the city owned or used by the
city and devoted to active or passive recreation.
(3) "Person" is any person, firm, partnership, asso-
ciation, corporation, company or organization of any
kind. (Ord. 2191 §102, 1956)
13.04.030 SIGNS, BILLBOARDS, ETC.
It is unlawful to use, place or erect any signboard,
sign, billboard, bulletin board, post, pole or device of
any kind for advertising in any park; or to attach any
notice, bill, poster, sign, wire, rod or cord to any tree,
shrub, railing, post or structure within any park; or with-
out the written consent of the superintendent, to place or
erect in any park, a structure of any kind; provided, that
the superintendent may permit the erection of temporary
directional signs or decorations on occasions of public
celebration and picnics. (Ord. 2191 §103, 1956)
13.04.040 DESTROYING PARK PROPERTY.
It is unlawful to remove, destroy, mutilate or deface
any structure, monument, statue, vase, fountain, wall,
fence, railing, vehicle, bench, shrub, tree, fern, plant,
flower, lighting system, or sprinkling system or other
property lawfully in any park. (Ord. 2191 §104, 1956)
13.04.050 ANIMALS AT LARGE.
It is unlawful to allow or permit any animal to run
at large in any park, or enter any lake, pond, fountain or
stream therein. (Ord. 2191 §105, 1956)
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
It is unlawful to shoot, fire or explode any firearm,
fireworks, firecracker, torpedo or explosive of any kind
or to carry any firearm or to shoot or fire any air gun,
bows and arrows, BB gun or use any slingshot in any
park, except the superintendent may authorize archery,
and the firing of small bore arms and fireworks at desig-
nated times and places suitable for their use. (Ord. 2191
§106, 1956)
13.04.070 TREATMENT OF ANIMALS AND
BIRDS.
It is unlawful in any manner to tease, annoy, dis-
turb, molest, catch, injure or kill or to throw any stone or
missile of any kind at or strike with any stick or weapon
any animal, bird or fowl. (Ord. 2191 §107, 1956)
13.04.080 SOLICITING AND PEDDLING.
No person shall solicit alms or contributions for any
purpose, whether public or private, nor expose or offer
for sale any article or thing, nor shall any person station
or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing, except the
licensed concessionaire acting by and under the author-
ity of the superintendent. (Ord. 2191 §108, 1956)
13.04.090 MEETINGS AND ASSEMBLIES.
It is unlawful to hold, or participate in, any religious
or political meeting or other assembly in any park, with-
out the written permission of the superintendent so to
do. (Ord. 2191 §109, 1956)
(Revised 3/05)13.04-2
13.04.100 RIDING MOTOR VEHICLES, NON-
MOTORIZED VEHICLES AND
HORSES.
(a) It is unlawful to ride or drive any bicycle, tricy-
cle, skateboard, horse or pony over or through any park
except within and upon the park drives, parkway, park
boulevards and bicycle paths designated for such use, or
at a speed in excess of fifteen (15) miles per hour, except
as otherwise authorized by the Director of Parks and
Recreation.
(b) It is unlawful to park, ride or drive any motor-
cycle or motor vehicle upon, over or through any park
except within and upon park drives, parkways, park
boulevards, rights-of-way or parking lots located within
a park and designated for such use, except as otherwise
authorized by the Director of Parks and Recreation.
(Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191
§110, 1956)
13.04.110 GAMES AND SPORTS.
It is unlawful to practice or play golf, baseball,
cricket, lacrosse, polo, archery, hockey, tennis, badmin-
ton, or other games of like character or to hurl or propel
any airborne or other missile except at places set apart
for such purposes by the superintendent. (Ord. 2191
§111, 1956)
13.04.120 POLLUTING WATERS.
No person in a park shall throw, discharge, or oth-
erwise place or cause to be placed in the waters of any
fountain, pond, bay or other body of water in or adjacent
to any park or storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of the waters.
No person in a park shall have brought in or shall dump,
deposit, or leave any bottles, broken glass, ashes, paper,
boxes, cans, dirt, rubbish, waste, garbage, or refuse, or
other trash. No such refuse or trash shall be placed in
any waters in or contiguous to any park, or left any-
where on the grounds thereof, but shall be placed in the
proper receptacles where they are provided; where
receptacles are not so provided, all such rubbish or
waste shall be carried away from the park by the person
responsible for its presence, and properly disposed of
elsewhere. (Ord. 2191 §112, 1956)
13.04.130 FIRES.
It is unlawful to build any fires in any park except
in areas designated by the superintendent. (Ord. 2191
§113, 1956)
13.04.140 INTOXICATING LIQUOR.
It is unlawful to bring into or consume in any park
any whiskey, wine, beer or other intoxicating liquors.
(Ord. 2191 §114, 1956)
13.04.150 HOURS.
Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year
during designated hours. The opening and closing hours
for each individual park shall be posted therein for pub-
lic information. Any section or part of any park may be
declared closed to the public by the superintendent at
any time and for any interval of time, either temporarily
or at regular and intervals (daily or otherwise) and either
entirely or merely to certain uses, as the superintendent
shall find reasonably necessary. (Ord. 2191 §115, 1956)
13.04.160 NONCOMPLIANCE - EJECTION
FROM PARK.
It is unlawful to violate or fail to comply with any
park rule or regulation duly posted by the superinten-
dent, and the superintendent or any park attendant shall
have the authority to eject from a park, any person act-
ing in violation of this chapter. (Ord. 2191 §116, 1956)
13.04.170 PROCEEDING AGAINST
VIOLATORS.
Anyone concerned in the violation of this chapter,
whether directly or indirectly committing the thing that
constitutes the offense, or who aids or abets the same,
and whether present or absent; and anyone who directly
or indirectly counsels, encourages, hires, commands,
induces, or otherwise procures another to commit such
offense, is and shall be a principal under the terms of this
chapter and shall be proceeded against and prosecuted
as such. (Ord. 2191 §117, 1956)
13.04.180 PENALTY FOR VIOLATIONS.
Violation of or failure to comply with the provi-
sions of this chapter shall constitute a misdemeanor and,
upon conviction thereof, be subject to the provisions of
Chapter 1.12 BMC. (Ord. 4733, Reaffirmed,
11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord.
2191 §118, 1956)
15.01-1 (Revised 3/05)
Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.010 UTILITY OPERATIONS.
15.01.020 DEFINITIONS.
15.01.030 UTILITY SERVICE
AGREEMENT.
15.01.040 CONDITIONS OF SERVICE -
RETAIL.
15.01.050 CONDITION OF SERVICE -
CONTRACT.
15.01.060 PENALTY FOR FALSE
INFORMATION.
15.01.070 DEVELOPER SYSTEM
IMPROVEMENT -
AGREEMENTS.
15.01.080 DEVELOPER SYSTEM
IMPROVEMENTS - FEES.
15.01.090 DEVELOPER SYSTEM
IMPROVEMENTS -
REIMBURSEMENT.
15.01.100 SYSTEM DEVELOPMENT AND
CONSTRUCTION STANDARDS.
15.01.110 UTILITY PERMIT REQUIRED.
15.01.010 UTILITY OPERATIONS.
It is the purpose of this title to regulate City utility
operations so as to provide continued safe and reliable
utility service to the residents of the City of Bremerton
and to those non-residents the City agrees to serve. It is
the City’s policy to provide sufficient revenue from
those served through the fees and rates of this title to
support the costs of operation, capitalization and debt
service of the municipal utilities.
Municipal utilities shall include water, wastewater
and stormwater systems, and those operations related to
the efficient administration of these systems and their
assets. (Ord. 4454 §1 (in part), 1994; Ord. 4442 §3,
1993; Ord. 4309 §2 (in part), 1991)
15.01.020 DEFINITIONS.
The terms used in this title shall mean the follow-
ing, except where the context otherwise requires:
(a) (1) "Average daily" shall mean the total quan-
tity divided by the number of days of waste or storm
water discharge or water use by the typical user in a user
class.
(2) "As-graded" means the extent of surface
conditions on completion of grading.
(b) (1) "Backflow" shall mean the flow other than
in the intended direction of flow of water or any foreign
liquids, gases, or substances into the distribution system
of the public water supply.
(2) "Backflow prevention device" shall mean
a device to counteract back pressure and prevent back
siphonage or back flow.
(3) "Basin plan" means a plan and all imple-
menting regulations and procedures including, but not
limited to, land use management adopted by ordinance
for managing surface and storm water management
facilities and features within individual subbasins.
(4) "Best management practice" or "BMP"
means physical, structural, and/or managerial practices
that, when used singly or in combination, prevent or
reduce pollution of water, and have been approved by
Washington State Department of Ecology. BMPs are
listed and described in the Manual.
(5) "BOD" (denoting biochemical oxygen
demand) shall mean the quantity of oxygen utilized in
the biochemical oxidation of organic matter under stan-
dard laboratory procedure in five (5) days at twenty (20)
degrees centigrade.
(c) (1) "Clearing" means the destruction and
removal of vegetation by manual, technical, or chemical
methods.
(2) "Capital costs" shall mean the total costs
of physical system improvements (exclusive of repair
and replacement costs covered under operation and
maintenance costs), including, but not limited to, the
costs of direct construction, engineering, financing,
legal fees, land, right-of-way, debt service, and other
costs associated with such improvements.
(3) "C.F." shall mean cubic feet of measure.
(4) "Combined sewer" shall mean a sewer
intended to convey sanitary sewage, industrial wastes,
and storm and surface water.
(5) "Commercial agriculture" means those
activities conducted on lands defined in RCW
84.34.020(2), and activities involved in the production
of crops or livestock for wholesale trade. An activity
ceases to be considered commercial agriculture when
the area on which it is conducted is proposed for conver-
sion to a nonagricultural use or has lain idle for more
than five (5) years, unless the idle land is registered in a
federal or state soils conservation program, or unless the
activity is maintenance of irrigation ditches, laterals,
canals, or drainage ditches related to an existing and
ongoing agricultural activity.
(6) "Commercial unit" shall mean a parcel of
property which is developed for nonresidential pur-
poses.
(7) "Connection fee" shall mean charges
made for connection to the utility system. The connec-
tion fee will include the costs of tapping the water main,
sewer or stormwater system, installing the service and
(Revised 3/05)15.01-2
meter, restoring the surface, and all other costs associ-
ated with the physical connection of the customer sys-
tem to the City utility system.
(8) "Construction charge and special fees"
shall mean those charges made by the City to cover its
unreimbursed construction costs for installing special
facilities not covered by connection fees and general
facility fees.
(9) "Contract user" shall mean any user who,
by virtue of the amount, strength, or location of its dis-
charge or the conditions of service, requires a contrac-
tual basis for service to be equitably served.
(10)"Critical areas" means as defined in the
City’s Critical Areas Ordinances, areas which include
wetlands, areas with a critical recharging effect on aqui-
fers used for potable water, fish and wildlife habitat con-
servation areas, frequently flooded areas, geologically
hazardous areas, including unstable slopes, and associ-
ated areas and ecosystems.
(11)"Cross connection" shall mean any physi-
cal arrangement whereby a public water supply is con-
nected, directly or indirectly, with any other water
supply system, sewer, drain, conduit, pool, storage res-
ervoir, plumbing fixture, or other device which contains
or may contain contaminated water, sewage, or other
waste or liquids of unknown or unsafe quality that may
be capable of imparting contamination to the public
water supply as a result of backflow. Bypass arrange-
ments, jumper connections, removal sections, swivel or
change over devices, and other temporary or permanent
devices through which or because of which backflow
could occur are considered to be cross connections.
(d) (1)"Department" shall mean the Department of
Public Works and Utilities.
(2) "Design storm" means a prescribed hyeto-
graph and total precipitation amount (for a specific dura-
tion recurrence frequency) used to estimate runoff for a
hypothetical storm of interest or concern for the pur-
poses of analyzing existing drainage, designing new
drainage facilities or assessing other impacts of a pro-
posed project on the flow of surface water. (A hyeto-
graph is a graph of percentages of total precipitation for
a series of time steps representing the total time during
which the precipitation occurs.)
(3) "Detention" means the release of storm-
water runoff from the site at a slower rate than it is col-
lected by the stormwater facility system, the difference
being held in temporary storage.
(4) "Detention facility" means an above or
below ground facility, such as a pond or tank, that tem-
porarily stores stormwater runoff and subsequently
releases it at a slower rate than it is collected by the
drainage facility system. There is little or no infiltration
of stored stormwater.
(5) "Director" shall mean the Director of Pub-
lic Works and Utilities or any other duly authorized rep-
resentative designated by the Director as the person
responsible for technical direction of this Code.
(6) "Drainage basin" means a geographic and
hydrologic subunit of a watershed.
(e) (1) "Equivalent residential unit (ERU)" shall
mean a unit of measurement to determine wastewater
general facility charges and shall be based on two hun-
dred thirty-six (236) gallons per customer day.
(2) "Erosion" means the wearing away of the
land surface by running water, wind, ice, or other geo-
logical agents, including such processes as gravitational
creep. Detachment and movement of soil or rock frag-
ments by water, wind, ice, or gravity.
(3) "Erosion and sediment control (ESC)
plan" means a plan which includes control of pollution
from stormwater runoff during construction.
(4) "Excavation" means the mechanical
removal of earth material.
(5) "Existing site conditions" means:
i. For developed sites with stormwater
facilities that have been constructed to meet the stan-
dards in the minimum requirements of the ordinance
codified in this section, existing site conditions shall
mean the existing conditions on the site.
ii. For developed sites that do not have
stormwater facilities that meet the minimum require-
ments, existing site conditions shall mean the conditions
that existed prior to local government adoption of the
ordinance codified in this section. If in question, the
existing site conditions shall be documented by aerial
photograph records, or other appropriate means.
iii. For all sites in water quality sensitive
areas, existing site conditions shall mean undisturbed
forest for the purpose of calculating runoff characteris-
tics.
iv. For all undeveloped sites outside of
water quality sensitive areas, existing site conditions
shall mean the existing conditions on the site.
(6) "Extended line" shall mean a privately
financed utility water, sanitary sewer or stormwater
main constructed with the written approval of the Direc-
tor.
(f) (1) "Fill" means a deposit of earth material
placed by artificial means.
(2) "Frequently flooded areas" means the one
hundred (100) year floodplain designations of the Fed-
eral Emergency Management Agency and the National
Flood Insurance Program.
(g) (1) "Geologically hazardous areas" means
areas as defined in the City’s Critical Areas Ordinance
and includes areas, that because of their susceptibility to
erosion, sliding, earthquake or other geological events,
15.01-3 (Revised 3/05)
are not suited to the siting of commercial, residential or
industrial development consistent with public health or
safety concerns.
(2) "General facilities charges (GFC)" shall
mean the charge established to reflect the proportionate
cost share for existing source, treatment, distribution,
transmission, collection, interception, and storage facil-
ities that will be paid by new customers to the City util-
ity.
(3) "Gravity line" shall mean a sanitary sewer
conveying flow to a point of collection without pump-
ing.
(4) "Ground water" means water in a satu-
rated zone or stratum beneath the surface of land or a
surface water body.
(h) (1) "H.C.F." shall mean hundred cubic feet of
measure.
(2) "Health officer" shall mean the Bremer-
ton/Kitsap County Health Department’s Health Officer.
(i) (1) "Impervious surface" means a surface area
which either prevents or retards the entry of water into
the soil mantle as under natural conditions prior to
development, and/or a surface area which causes water
to run off the surface in greater quantities or at an
increased rate of flow from the flow present under natu-
ral conditions prior to development. Common impervi-
ous surfaces include, but are not limited to, roof tops,
walkways, patios, driveways, parking lots or storage
areas, concrete or asphalt paving, gravel roads and other
gravel surfaces, packed earthen materials, and oiled,
macadam or other surfaces which similarly impede the
natural infiltration of stormwater. Open, uncovered
retention/detention facilities shall not be considered as
impervious surfaces.
(2) "Impervious surface unit" shall mean a
configuration or conglomeration of impervious surface
estimated to contribute an amount of runoff to the City’s
stormwater drainage system which is approximately
equal to that created by the average single-family resi-
dential parcel. One impervious surface unit (ISU) is
equivalent to two thousand five hundred (2,500) square
feet of impervious surface area. For purposes of compu-
tation of rates and charges, only whole impervious units
are considered; fractions are truncated (not rounded up).
(3) "Improper stormwater inflow" shall mean
any kind of stormwater connection or inflow to the
wastewater system prohibited by this chapter including,
but not limited to: roof drains, parking lot drains, foun-
dation drains, curtain drains and driveway drains.
(4) "Improved premises" shall mean any area
which has been altered such that the runoff from the site
is greater than runoff prior to development.
(5) "Industrial user" shall mean a business or
other nonresidential property having a wastewater dis-
charge in which the sum of BOD and TSS strength is
between one thousand two hundred (1,200) and one
thousand eight hundred (1,800) milligrams per liter.
(6) "Infiltration" shall mean groundwater
entering the sanitary sewer or stormwater system
through open pipe joints, cracks in manhole walls, and
cracked pipe.
(7) "Inflow" shall mean rainwater or other
clean water that enters the sanitary sewer through roof
leader connections, catch basins, yard and foundation
drains, perforated manhole covers, and other openings
to the wastewater system.
(l) (1) "Lateral sewer" shall mean a sanitary
sewer not less than six (6) inches in diameter, con-
structed within a public right-of-way between the main-
line/trunk sewer and the right-of-way line in accordance
with current utility standards.
(m) (1) "Mainline sewer." (See trunk sewer).
(2) "Manual." See Stormwater Management
Manual.
(3) "Mitigation" means, in the following order
of preference:
i. Avoiding the impact altogether by not
taking a certain action or part of an action;
ii. Minimizing impacts by limiting the
degree or magnitude of the action and its implementa-
tion by using appropriate technology or by taking affir-
mative steps to avoid or reduce impacts;
iii. Rectifying the impact by repairing,
rehabilitating or restoring the affected environment;
iv. Reducing or eliminating the impact
over time by preservation and maintenance operations
during the life of the action; and
v. Compensation for the impact by
replacing, enhancing, or providing substitute resources
or environments.
(4) "Multi-family units" shall mean a parcel
of property which has been legally developed with more
than two (2) residential living units.
(n) (1) "Natural location" means the location of
those channels, swales, and other non-manmade con-
veyance systems as defined by topographic contours
existing for the subject property, either from maps or
photographs, or such other means as appropriate.
(2) "New development" means the following
activities: land disturbing activities, structural develop-
ment, including construction, installation or expansion
of a building or other structure; creation of impervious
surfaces; Class IV - general forest practices that are con-
versions from timber land to other uses; and subdivision
and short subdivision of land as defined in RCW
58.17.020. All other forest practices and commercial
agriculture are not considered new development.
(Revised 3/05)15.01-4
(o) (1) "O & M costs" (operation and mainte-
nance) shall mean the total cost of operating and main-
taining the utility system, including, but not necessarily
limited to, costs for labor, supplies and materials, utility
services, vendor services, equipment usage, testing,
taxes and assessments.
(2) "Occupied property" shall mean real prop-
erty on which a structure exists that is being served by
an existing or temporary utility facility.
(p) (1) "Permanent stormwater quality control
(PSQC) plan" means a plan which includes permanent
BMPs for the control of pollution from stormwater run-
off after construction and/or land disturbing activity has
been completed.
(2) "Pollution" means contamination or other
alteration of the physical, chemical, or biological prop-
erties, of waters of the state, including change in temper-
ature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive
or other substance into any waters of the state as will or
is likely to create a nuisance or render such waters harm-
ful, detrimental or injurious to the public health, safety
or welfare, or to domestic, commercial, industrial, agri-
cultural, recreational, or other legitimate beneficial uses,
or to livestock, wild animals, birds, fish or other aquatic
life.
(3) "Premises" shall mean a single tract of
land, building, or portion of a building under a single
control and ownership.
(4) "Pressure line" shall mean a sanitary
sewer through which wastewater must be forced by
pumping or gravity pressure to a point of collection.
(5) "Pretreatment" shall mean any physical,
chemical, or biological process to remove, neutralize, or
modify one or more constituents of a waste stream prior
to discharge into the public sewers.
(r) (1) "Redevelopment" means, on an already
developed site, the creation or addition of impervious
surfaces, structural development including construction,
installation or expansion of a building or other structure,
and/or replacement of impervious surface that is not part
of a routine maintenance activity, and land disturbing
activities associated with structural or impervious rede-
velopment.
(2) "Regional retention/detention system"
means a stormwater quantity control structure designed
to correct existing or predicted excess surface water run-
off problems of a basin or subbasin. The area down-
stream has been previously identified as having existing
or predicted significant and regional flooding and/or
erosion problems. This term is also used when a deten-
tion facility is used to detain stormwater runoff from a
number of different businesses, developments or areas
within a drainage basin.
(3) "Reimbursement agreement" shall mean
an agreement entered into between the installer of a util-
ity facility and the Department for the purpose of reim-
bursing the installer for all or part of the costs for
installation or extension of the utility system.
(4) "Retention/detention facility (R/D)"
means a type of drainage facility designed either to hold
water for a considerable length of time and then release
it by evaporation, plant transpiration, and/or infiltration
into the ground; or to hold surface and stormwater run-
off for a short period of time and then release it to the
surface and stormwater drainage system.
(s) (1) "Sanitary sewer" shall mean only those
portions of the utility system which are designated by
the Director to carry, transport, or dispose of waste mat-
ter not constituting storm or surface water permitted by
or under this Code to enter the sewer system.
(2) "Septage waste" shall mean waste material
pumped from an on-site wastewater disposal system
such as a septic tank or cesspool or holding tank.
(3) "Sewage" shall mean the liquid wastes and
all constituents therein that are related to the use of such
sanitation facilities, toilets, bathtubs, showers, sinks,
dishwashers, washing machines, garbage grinders, and
other devices. However, any other water that enters san-
itary or combined sewers before or after discharge by a
user shall thereafter also be called sewage. "Sewage" is
essentially synonymous with the term "wastewater,"
except that wastewater may also contain liquid wastes
discharged from industrial operations or processes.
(4) "Single-family parcel or unit" shall mean a
parcel which has been developed with a single-family
living unit.
(5) "Site" means the portion of a piece of
property which is directly subject to development.
(6) "Slope" means the degree of deviation of a
surface from the horizontal; measured as a numerical
ratio, percent, or in degrees. Expressed as a ratio, the
first number is the horizontal distance (run) and the sec-
ond is the vertical distance (rise), as 2:1. A 2:1 slope is
a fifty (50) percent slope. Expressed in degrees, the
slope is the angle from the horizontal plane, with a
ninety (90) degrees slope being vertical (maximum) and
forty-five (45) degrees being a 1:1 or one hundred (100)
percent slope.
(7) "Source control BMP" means a BMP that
is intended to prevent pollutants for entering stormwa-
ter. Examples of source control BMPs are erosion con-
trol practices, maintenance of stormwater facilities,
constructing roofs over storage and working areas, oil
water separation devices, and directing wash water and
similar discharges to the sanitary sewer or a dead end
sump.
15.01-5 (Revised 3/05)
(8) "Standard construction costs" shall mean
the total cost of installation of a utility piping system,
including the cost of all manholes, distribution system,
or incidental work necessary to place the utility system
in service, meeting the minimum size and installation
requirements of the utility for the intended service.
(9) "Standard sewer connection" shall mean a
connection made to a gravity trunk or lateral sanitary
sewer of the City, except those City sewer lines identi-
fied by the Director as a waterfront or pressure sewer
line.
(10)"Standard sanitary sewer" shall mean a
sanitary trunk sewer not less than eight inches in diam-
eter and constructed in accordance with current utility
standards.
(11)"Standard stormwater line" shall mean a
stormwater line not less than twelve (12) inches in diam-
eter and constructed in accordance with current utility
standards.
(12)"Standard water main" shall mean a water
distribution line not less than eight inches in diameter
and constructed in accordance with current Utility stan-
dards.
(13)"Stormwater" means that portion of pre-
cipitation that does not naturally percolate into the
ground or evaporate, but flows via overland flow, inter-
flow, channels or pipes into a defined surface water
channel, or a constructed infiltration facility.
(14)"Stormwater drainage system" means con-
structed and natural features which function together as
a system to collect, convey, channel, hold, inhibit,
retain, detain, infiltrate, divert, treat or filter stormwater.
(15)"Stormwater facility" means a constructed
component of a stormwater drainage system, designed
or constructed to perform a particular function, or mul-
tiple functions. Stormwater facilities include, but are not
limited to, pipes, swales, ditches, culverts, street gutters,
detention basins, retention basins, constructed wetlands,
infiltration devices, catchbasins, oil/water separators,
sediment basins and modular pavement.
(16)"Stormwater Management Manual" or
"Manual" means the Manual adopted by reference by
the City which may include excerpts from the King
County Stormwater Design Manual (November 1992)
and such other standards of the City incorporated in the
"System Development and Construction Standards
Manual."
(17)"Stormwater system" shall mean all facili-
ties for collecting, transporting, pumping, treating and
discharging stormwater.
(t) (1) "TSS" (denoting total suspended solids)
shall mean materials that either float on the surface of,
or are in suspension in, water, sewage, or other liquids,
and which are removable by laboratory filtering.
(u) (1) "Undeveloped parcels" shall mean any
parcel of real property that has not been altered by grad-
ing or filling of the ground surface, or by construction of
any improvement or other impervious surface area that
affects the hydraulic properties of the parcel.
(2) "Unoccupied parcel" shall mean real prop-
erty on which no structure requiring utility service
exists.
(3) "User" shall mean any person, business, or
institution owning or controlling property for which
utility service is provided and who is responsible for an
account.
(4) "User parcel" shall mean any parcel of
land within the utility service area to which water,
sewer, or stormwater service is currently provided or to
which a charge is imposed therefor, or any other of land
with any significant man-made impervious surface.
(5) "Utility" shall mean the water, wastewa-
ter, and stormwater utility systems of the City.
(v) (1) "Verified strength user" shall mean any
user whose wastewater exceeds the strength limits of the
industrial user class or who desires to be charged for
wastewater service on the basis of its specific discharge
rather than average class strength.
(w) (1) "Wastewater" shall mean liquid wastes,
and all constituents dissolved or suspended therein, dis-
charged by residential, commercial, or industrial users
of the wastewater facilities system. "Wastewater" is
essentially synonymous with the term "sewage."
(2) "Wastewater system" shall mean all facil-
ities for collecting, transporting, pumping, treating, and
disposing of sewage, including sludge utilization.
(3) "Water system" shall mean all facilities
for treatment, transmission and distribution of water.
(4) "Watershed" means a geographic region
within which water drains into a particular river, stream,
or body of water as identified and numbered by the State
of Washington Water Resource Inventory Areas
(WRIAs) as defined in Chapter 173-500 WAC.
(5) "Wetlands" means those areas as defined
in the City’s Critical Areas Ordinance and include areas
that are inundated or saturated by surface or groundwa-
ter at a frequency and duration sufficient to support, and
that under normal circumstances do support, a preva-
lence of vegetation typically adopted for life in saturated
soil conditions. (Ord. 4909 §1, 2004; Ord. 4734; Reaf-
firmed, 11/30/2000; Ord. 4684, Amended, 12/28/1999;
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person
requesting utility service from the utility for water,
wastewater, or stormwater shall be required to make
(Revised 3/05)15.01-6
application and enter into a utility service agreement.
Agreements shall be executed prior to connection to the
utility system or activation of the account.
(b) The agreement shall include the name and
address of the owner and the service address of the pre-
mises served together with the service requested. The
agreement shall be signed by the owner of the property
or his designated agent and shall be filed with the
Department. The applicant shall pay all fees for installa-
tion of the utility service as herein provided at the time
of filing.
(c) The agreement for service shall constitute a
contract between the applicant and the Department in
which the applicant agrees to pay for service provided at
the rate and in the manner specified.
(d) The agreement shall be effective at the time it
is signed by the Director or his designee and charges for
service to the premises shall be assessed from date of
connection.
(e) Estimated fees, assessments, and conditions
quoted by the Department in writing for utility service
shall become invalid after one hundred eighty (180)
days from the date of the estimate unless the applicant
enters into a utility service agreement with the Depart-
ment prior to that time. (Ord. 4909 §2, 2004; Ord. 4454
§1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309 §2 (in
part), 1991)
15.01.040 CONDITIONS OF SERVICE -
RETAIL.
(a) Access. The Department shall, as a condition
of providing utility service, be granted the authority by
the property owner to make reasonable periodic inspec-
tions of the service connection and related appurte-
nances. Such inspections may be by the Department or
other appropriate agency to enforce any of the provi-
sions of local, State, or federal laws, or any regulation
adopted hereunder. Failure to conform to the terms and
conditions shall constitute a breach of the agreement,
and shall entitle the Department to charge fees and
enforce penalties or discontinue the service after notice
as set forth in BMC 15.07.080 for delinquent accounts.
(b) Interruption/Failure of Service. The Depart-
ment reserves the right to temporarily discontinue ser-
vice at any time without notice to the consumer and the
City shall not be liable for damages for such interruption
or failure nor be held in breach of contract.
It shall further be provided that the City shall not be
held responsible for any damages resulting from defec-
tive plumbing or appliances on the premises, and the
fact that the agents of the Department or City have
inspected the plumbing and appliances shall not consti-
tute a basis of recovery. Damages to premises resulting
from the utility system having been interrupted or failed
shall not constitute a breach of contract on the part of the
Department or in any way relieve the consumer from
performing the obligations of his contract. (Ord. 4454
§1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.050 CONDITION OF SERVICE -
CONTRACT.
The Department may contract for sale of surplus
water or collection of wastewater and/or stormwater
with other districts or other public agencies providing
utility service. Such services shall be through a whole-
sale contract, under such terms and conditions as shall
be deemed fair and equitable by the Department and
approved by the City Council. (Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.01.060 PENALTY FOR FALSE
INFORMATION.
The conveyance to the Department of false infor-
mation in an application for a utility service or adjust-
ment credits shall forfeit the customer’s rights to service
or credits, and the customer, in the case of a credit
adjustment, shall be required to reimburse the amount of
the credit received where based upon such false infor-
mation. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.01.070 DEVELOPER SYSTEM
IMPROVEMENT - AGREEMENTS.
(a) A property owner or owners of any specified
area situated within the utility service area requiring
utility service may petition the Department to construct
public system improvements. The Department shall
review the petition, and, subject to the utility compre-
hensive plan, engineering and economic feasibility, and
at the Department’s option, construct the improvements
upon execution of a system improvement agreement
between the owner and the Department specifying the
improvements. The estimated costs for said improve-
ments shall be paid in full upon execution of the agree-
ment. When completed and accepted by the Department
in writing, the improvements shall become part of the
utility’s system and shall be conveyed by bill of sale
prior to service.
(b) If sixty (60) percent or more of the property
owners of a specified area situated within the utility ser-
vice area petition the City to construct public system
improvements, the City may construct said improve-
ments upon execution of a system improvement agree-
ment between the property owners and the City
specifying the improvements, the terms and conditions
for the improvements, and the reimbursement of all
costs associated with the improvements. Reimburse-
ment at actual cost for the improvements may be paid in
full or in monthly installments plus interest at a rate set
in the system improvement agreement with twenty (20)
percent of the cost due prior to installation and the bal-
ance together with interest due within thirty-six (36)
15.01-7 (Revised 3/05)
months of the date from the completion and City accep-
tance of the improvement.
(c) Deferred payments for the construction of sys-
tem improvements shall be limited to system improve-
ments and shall exclude connection fees and general
facility fees.
(d) The City may construct the improvements, on
behalf of the property owners, utilizing City staff, nego-
tiated contracts, or competitive bids subject to State stat-
utes governing utility construction.
(e) Property owners or developers of plats or
developments shall have the option of installing the
plat’s interior utility system and connection to the utility
system at their expense, subject to utility development
and construction standards. The owner or developer
shall pay charges according to the conditions of any
existing reimbursement agreement for any main
installed through a system improvement agreement.
(Ord. 4909 §3, 2004; Ord. 4512 §1, 1995; Ord. 4454 §1
(in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.080 DEVELOPER SYSTEM
IMPROVEMENTS - FEES.
The subsequent connection to the system improve-
ments by the property owner shall be subject to applica-
ble fees for service to include general facility fees,
connection fees, and any other applicable fees estab-
lished under this title. (Ord. 4309 § 2 (in part), 1991)
15.01.090 DEVELOPER SYSTEM
IMPROVEMENTS -
REIMBURSEMENT.
(a) The City may enter into agreements with prop-
erty owners responsible for the installation of system
improvements to provide for reimbursement to owners
by others benefiting from the improvements and con-
necting to the improvements at a later time (latecomers).
(b) Requests for reimbursement shall be made in
writing prior to drafting the system improvement agree-
ment and specific provisions of recovery shall be
included in the agreement. The Department shall deter-
mine the area that is subject to the cost recovery and
shall identify the properties benefiting from the utility
system improvements in a description or a drawing that
will become part of the system improvement agreement.
(c) Reimbursement from each benefiting property
owner shall be determined by the Department as stipu-
lated in the system improvement agreement. Cost recov-
ery payments by properties benefiting from connections
to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner con-
structing the improvement shall be limited to fifteen
(15) years from the date of acceptance of the improve-
ment. The City shall retain fifteen (15) percent of the
cost recovery payments for maintaining records and
administration of the program and forward the remain-
der of the payment to the property owner who originally
constructed the water, wastewater, or stormwater sys-
tem improvement. (Ord. 4909 §4, 2004; Ord. 4512 §2,
1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.01.100 SYSTEM DEVELOPMENT AND
CONSTRUCTION STANDARDS.
The system development and construction stan-
dards are those as defined and adopted in BMC
11.12.090, also referred to as the "City Standards."
(Ord. 4856 §1, 2003)
15.01.110 UTILITY PERMIT REQUIRED.
A utility permit shall be required by the Department
for all projects, alterations, repairs or connections to the
utility system. These activities include, but are not lim-
ited to, activities associated with the installation of new
utility systems to be constructed by others and conveyed
to the Department under the terms of a utility system
improvement agreement; the opening, alteration, repair,
or replacement of the utility system; the connection to
the utility system; and the abandonment or disconnec-
tion from the utility system.
The entering into a utility system improvement
agreement with the City shall not relieve the agreement
holder of the responsibility for obtaining such other per-
mits and licenses as may be required by the Department,
City, County or other districts in whose jurisdictions the
improvements/repairs are made.
The permits shall be available from the Department
with fees established by the Utility Fee and Rate Sched-
ule. (Ord. 4454 §1 (in part), 1994; Ord. 4309 § 2 (in
part), 1991)
15.06-1 (Revised 3/05)
Chapter 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 PURPOSE.
15.06.015 INCORPORATION AND CPI
ADJUSTMENT.
15.06.020 ASSESSMENTS.
15.06.030 RATES - WATER.
15.06.040 RATES - WASTEWATER.
15.06.050 RATES - STORMWATER.
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
15.06.010 PURPOSE.
This chapter provides for the establishment of fees,
rates and other charges for connection to or utilization of
the utility system, for providing utility service, adminis-
tration and maintenance of utility accounts, and for the
operation, maintenance, repair and improvements of the
utility system. Fees, rates and other service charges shall
include, but not be limited to, front footage fees, general
facility fees, connection charges, utility service rates,
account maintenance charges, plan check, and system
development fees and charges. (Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.015 INCORPORATION AND CPI
ADJUSTMENT.
(a) Assessments, rates, fees and charges attached
hereto as Appendix A and incorporated herein by this
reference are hereby adopted.
(b) Commencing November 1, 2005, and on
November 1st of each successive year thereafter, the
utility rates in this section, not otherwise adjusted by the
City Council during the previous six (6) month period,
shall automatically be adjusted based upon the most cur-
rent Consumer Price Index for all Urban Consumers,
Seattle, and the general facility charges shall be adjusted
according to the most current Seattle Construction Index
(SCI). (Ord. 4909 §§5, 7, 2004; Ord. 4881 §1, 2003;
Ord. 4827, Amended, 11/29/2002; Ord. 4794,
Amended, 05/07/2002; Ord. 4766, Amended,
08/24/2001; Ord. 4735, Reaffirmed, 11/30/2000; Ord.
4729, Reaffirmed, 11/30/2000; Ord. 4685, Amended,
12/28/1999; Ord. 4675, Added, 11/30/1999)
15.06.020 ASSESSMENTS.
(a) General Facility Charge.
(1) A general facility charge (GFC) shall be
charged on all new or expanded service connections to
the utility system. Existing connections within the sys-
tem as of the effective date of this Code shall be consid-
ered to have paid their proportionate share of the general
facility charge for existing use.
(2) The calculation of the general facility
charge for water shall be based on the meter size to be
installed for a new or expanded water utility service.
(3) The calculation of the general facility
charge for wastewater shall be based on the number of
equivalent residential unit(s) (ERU) served and shall be
computed as follows:
Single-Family Residence 1 ERU/unit
Duplex (two units) 1 ERU/unit
Multifamily (three or more units) 0.65 ERU/unit
Mobile Home Space in Mobile Home Park (common building at
additional commercial rate and laundry areas at laundry rate)
0.65 ERU per space
Recreational Vehicle Waste Dumping Station 0.65 ERU per station
Schools 0.030 ERU per student capacity
Churches (school uses at additional per student capacity rate) 0.65 ERU per 100 seats
Hospitals - General 1 ERU per bed
Convalescent Hospitals 0.50 ERU per bed
Residential Care/Boarding Facilities 0.25 ERU per bed
Hotels and Motels (additional charges for restaurant or tavern at
restaurant or tavern rate, laundry areas at laundry rates, and meeting
room areas with fixtures at commercial rate)
0.25 ERU per room or motel unit
Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet
Vehicle Wash
Self-Service Vehicle Wash 1.17 ERU per bay
(Revised 3/05)15.06-2
Full-Service Vehicle Wash 15.66 ERU per bay
All Other Vehicle Washes See Wet Industrial
Laundries and Laundromats 0.30 ERU per 100 square feet
Industrial Laundries See Wet Industrial
Remodels of the above-listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU
for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial section.
Commercial, Office, and Dry Industrial Charge for each plumbing fixture to be installed
Bathtub w/ or w/o shower 0.13 ERU
Dental unit or cuspidor 0.1 ERU
Dishwasher 0.1 ERU
Disposal 0.1 ERU
Drinking Fountain 0.05 ERU
Floor Drain 0.01 ERU
Fountain/Backwash 0.1 ERU
Kitchen Sink 0.08 ERU
Laundry Tray 0.08 ERU
Lavatory 0.05 ERU
Service Sink 0.08 ERU
Shower (each head) 0.13 ERU
Swimming Pool/Backwash 0.1 ERU
Urinal 0.17 ERU
Urinal Trough (for each two-foot section) 0.17 ERU
Wash Sink (for each set of faucets) 0.08 ERU
Washing Machine 0.07 ERU
Water Closet 0.33 ERU
Wet Industrial To be determined on an individual basis by the City
utilizing the formula listed below.
GFC = (G.P.D./236) x SRF x F
G.P.D. = Anticipated volume of discharge to sewer in gallons per day.
SFR = Current general facility charge for a single-family residential
unit.
F = Extra strength factor, whole number multiplier derived for every
330 mg/l of biochemical oxygen demand or suspended solids, or
fraction thereof, in excess of the first 330 mg/l of biochemical oxygen
demand or suspended solids.
Example:
Factor Range
10 - 330
2331 - 660
3661 - 990
(continues per 300 increment)
Undefined Building and Sewer Use To be determined on an individual basis by the City.
Additional Loading or Change of Use Determined on basis of additional loading or new use
for entire facility less credit for former use. No refunds
if new use is less than former use.
15.06-2.1 (Revised 3/05)
(4) The following are the definitions of the
classifications used in establishing the ERUs:
"Church" is defined as a building or structure whose
principal use is for worship and in which the incidental
use for school or recreational purposes is less than
twelve (12) hours per week. Church buildings used for
school purposes in excess of twelve (12) hours per week
shall be charged the GFC per student capacity in addi-
tion to the charge per one hundred (100) seats as a
church.
"Commercial building" is defined as a building used
for conducting of wholesale or retail trade. Dry indus-
trial buildings or structures are those buildings or struc-
tures housing light industrial activities where use of
water and subsequent discharge of sewer does not occur
in connection with the industrial process. Warehouses
and other storage buildings with sewer connections are
classified as dry industrial buildings.
"Convalescent hospital" (or rest home) is defined as
a building or structure used for housing of persons con-
valescing from illness or injury or persons requiring
close personal care. No additional charge shall be made
for laundry or food and drink preparation and serving
facilities included in the convalescent hospitals.
"Food preparation and serving facility" includes res-
taurants, taverns, delicatessens, and wholesale and retail
bakeries, but does not include canneries, dairies, cheese
factories, packing houses and similar facilities, which
shall be classified as "wet industrial" under the para-
graph addressing wet industrial.
"General hospital" is defined as a building or structure
used for the temporary housing of ill or injured persons
and containing facilities for medical and surgical treat-
ment of such persons. No additional charge shall be
made for laundry and food and drink preparation and
serving facilities included in hospitals.
"Hotel" (or motel) is defined as a building or group of
buildings used for temporary housing of persons con-
taining rooms or units intended for the use of transient
persons. Those areas within hotels and motels to be used
for commercial preparation of and serving of food and
drink shall be charged at the rate for food preparation
and/or serving. Commercial areas within hotels and
motels, including convention facilities and other such
common areas other than lobby areas, shall be charged
at the rate for commercial and dry industrial areas. Areas
used for laundry facilities in hotels and motels shall be
charged at the rate for laundries and laundromats. Such
additional charges for food and drink, commercial areas
and laundry shall be in addition to the charge per room
or motel unit.
"Industrial laundry" is defined as a building or struc-
ture or parts of buildings and structures used for housing
and operating laundry equipment for the large scale
washing of uniforms, towels, linens, etc. The anticipated
volume and strength of the sewage to be generated from
an industrial laundry would be considerably more than
that from a commercial laundry or Laundromat. Indus-
trial laundries shall be classified as "wet industrial"
under the paragraph addressing wet industrial.
"Laundry" and "laundromat" is defined as a com-
mercial building and structure, or parts of commercial
buildings and structures, used for housing and operating
laundry equipment by the general public to wash clothes
and linens for personal use.
"Mobile home park" (including travel trailer parks) is
defined as any area or tract of land having a sewer con-
nection, and where sewerage collection pipes are
extended to two (2) or more spaces occupied by, or
intended to be occupied by a mobile home, travel trailer,
or motor home which are defined as a vehicle with or
without motive power which is designed, used, or
intended for use as a place of human habitation, or as
eating, sleeping, or living quarters or any combination
thereof. A mobile home space is defined as the individ-
ual location having a sewer hookup for each such vehi-
cle. For purposes of determining the GFCs for mobile
home parks’ common buildings, such as recreation
halls, etc., shall be charged as commercial buildings.
Buildings housing laundry facilities shall be charged as
laundries and laundromats and food or drink service
buildings shall be charged a food preparation and/or
serving.
"Multifamily residence" shall be defined as a building
or a group of buildings housing three (3) or more fami-
lies, living independently of each other, a family being
defined as one (1) or more person living as a single
housekeeping unit or household sewer service being
provided through not more than one (1) sewer connec-
tion. Common buildings in an apartment house complex
requiring sewer service shall be charged as commercial
buildings and that portion of buildings housing common
laundry facilities shall be charged as laundries and
Laundromats.
"Recreational vehicle waste dumping station" is
defined as a building or structure used for the dumping
of sanitary sewer wastes from recreational vehicle hold-
ing tanks. Includes gray water from sinks and showers.
(This excludes an individual collector installed by a
homeowner for his/her own use.)
"Residential care/boarding facility" is defined as a
residential building or structure used for housing of per-
sons requiring either long-term supervision and general
care, or any type of dependency recovery. No additional
charge shall be made for laundry or food and drink prep-
aration and serving facilities included in the residential
care/boarding facilities.
"School" is defined as a building or group of buildings
used for school purposes more than twelve (12) hours
per week, involving assemblage for instruction, educa-
tion, or recreation. Schools may be public or private.
(Revised 3/05)15.06-2.2
"Single-family residence" shall be defined as a build-
ing containing one (1) kitchen, designed and/or used to
house not more than one (1) family, including all neces-
sary employees of such family, such building having a
single sewer service connection. Mobile homes occupy-
ing a separate lot and providing permanent housing with
a separate sewer connected shall be classified as a sin-
gle-family residence.
"Undefined buildings" and "undefined sewer use"
are those not defined in subsection (a)(4) of this section.
"Vehicle wash" is defined as a commercial building or
structure used for washing vehicles. Self-service vehicle
washes are coin-operated facilities serving the general
public that require the customer to wash the vehicle.
Full-service vehicle washes are facilities serving the
general public, wherein the vehicle is washed for the
customer, either automatically or by attendants. All
other vehicle and parts washing or steam cleaning facil-
ities that discharge to the sanitary sewer will be
reviewed on a case-by-case basis.
"Wet industrial" is defined as a building or structure
housing industrial activities where the use of water and
subsequent discharge to the sewer occurs in connection
with an industrial process. Facilities with a discharge of
two hundred thousand (200,000) gallons per day or
greater are considered wet industrial. Other facilities
that discharge less than two hundred thousand (200,000)
gallons per day, and whose anticipated strength of the
sewage to be generated from the facility is greater than
domestic sewage strengths, may also be considered wet
industrial. Those facilities will be reviewed on a case-
by-case basis. The anticipated volume and strength of
sewage from an average single-family residence shall be
considered when calculating GFCs.
(5) Additional loading or change of use is
defined as an increased demand for wastewater treat-
ment from an existing wet industrial building or struc-
ture. The additional loading may be the result of
replacement or addition to an existing structure or facil-
ity, a change in use, or a fifteen (15) percent or greater
increase above the permitted volume or character of the
wastewater constituents being discharged.
(6) ERUs shall be determined on the basis of
the number of single-family residence equivalent units
with the additional loading or the new use with credit
being given for the number of single-family residence
equivalent units of the original facility. No refund will
be given if the change of use results in a decreased sewer
loading. Any addition to an existing single-family resi-
dence which does not result in an additional dwelling
will be exempt from additional charge.
(7) The calculation for general facility
charges for stormwater shall be based on the number of
impervious surface units (ISUs) as defined in BMC
15.01.020. The number of ISUs charged shall be based
on the total impervious area divided by the amount of
impervious area in an ISU. However, all single-family
residential parcels as defined in BMC 15.01.020 shall be
one (1) ISU. For commercial developments, wherein the
City requires that the development provide for onsite
detention, the ISUs charged shall be based on the num-
ber of acres (5.4 ISUs per acre).
(8) For non-city residents, all GFCs shall be
assessed and paid at the time of execution of the utility
service agreement and prior to occupancy of the new or
expanded facilities and shall be in addition to rates and
other fees, assessments, and charges established for util-
ity service. For city residents, twenty-five (25) percent
of all GFCs shall be paid at the time of issuance of a
development (grade and fill) permit and the remaining
balance, in addition to rates and other fees, assessments,
and charges established for utility service, shall be paid
at the time of execution of the utility service agreement.
(b) Connection/Inspection Fee. A connection/
inspection fee shall be charged for all service connec-
tions to the utility system. Additional fees may be
charged if a reinspection is required as a result of the
property owner/developer’s failure to comply with the
correction notice from a prior inspection, inaccessibility
of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee or deposit shall be
assessed and paid at the time of execution of the utility
service agreement.
(c) Change in class of service or ERU assignment.
When a change occurs which would place the customer
in a different class of service or change the ERU assign-
ment from that on which general facility charges have
been paid, an additional general facility charge shall be
charged. The additional fee shall be the difference
between the general facility charge, calculated at the
current rates, based on the current class of service and
ERU assignment, and the general facility charge that has
already been paid.
(d) Wastewater Connection Agreement. A waste-
water connection agreement may be executed between
the City of Bremerton and a user who desires to obtain
wastewater service for an existing residential or nonres-
idential structure connected to a septic system. The
wastewater connection agreement, negotiated on a case-
by-case basis, will allow the user to make payments on
any connection fee in excess of five thousand dollars
($5,000) over a period of time ranging from one (1) to
five (5) years.
(e) Capital Reserves. The general facility funds
collected under this chapter shall be deposited in the
utilities capital reserve fund and used only for utility
system capital improvements. (Ord. 4909 §6, 2004; Ord.
4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1000; Ord. 4512 §3, 1995; Ord. 4496 §2, 1995;
15.06-2.3 (Revised 3/05)
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.06.030 RATES - WATER.
(a) Retail Water Rates. A general retail water rate
shall be assessed all users of the utility water system.
The retail rate shall be calculated on a periodic billing
with a minimum service charge based on meter size and
a commodity charge computed to the nearest HCF.
(1) Sprinkler and Fire Protection Service. The
Department shall levy a general fire service charge to
users of the utility water system for fire service pro-
vided. The fire service rate shall be billed on a periodic
billing and shall be based on the meter size.
The service charge herein set forth shall be granted
only during such times as there is no appreciable regis-
tration by meters maintained by the Department. Water
used for purposes other than extinguishing fires through
a fire service connection shall be charged at a rate not
less than double the domestic rate provided by this
Chapter.
(2) Temporary/Construction Meters. Persons
desiring temporary water service from a fire hydrant,
hose connection, or meter for the purposes of construc-
tion, special events, or other activities that are limited in
duration shall make application to the Department on
the form provided and make a deposit established for
temporary/construction meters.
Temporary/construction meters shall be limited to
six (6) month duration and may be renewed subject to
approval by the department.
The rate shall be calculated on a periodic billing
with a minimum service charge based on the meter size
and a commodity charge computed to the nearest HCF.
(b) Wholesale Water Service. The Department
may sell water to water districts or other public agen-
cies. Such service shall be through a wholesale contract,
under such terms and under such conditions as shall be
deemed fair and equitable by the City. All wholesale
water contracts shall be subject to Mayoral approval and
City Council authorization. (Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.040 RATES - WASTEWATER.
(a) Retail Wastewater Rates. A general retail
wastewater rate shall be assessed of all users of the Util-
ity wastewater system. The retail rate shall be calculated
on a periodic billing with a minimum service charge and
a commodity charge computed to the nearest HCF.
The retail rate shall be based on flow and strength
of sewage discharged by the user of the system.
Flow shall be determined by the metered amount of
domestic water usage.
Flows for summer usage for Single Family and
Duplex residential customers shall be determined based
on the previous six (6) month average winter domestic
water usage by the customer, provided the account was
active for at least two (2) billing periods of the preceding
six (6) months. The calculation period shall be deter-
mined by the Department based on usage and billing
cycles. In no case shall this calculation for summer
usage result in a volume less than two and one-half (2.5)
HCF per month.
In the event the customer is not connected to a pub-
lic water supply that utilizes domestic water meter, the
flow shall be determined by the Department based on
the average flow of the like customer class.
Strength shall be determined by the loadings dis-
charged by the customer and shall be segregated into
like customer classes based on their respective sewage
strengths. (Ord. 4766, Amended, 08/24/2001; Ord.
4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.06.050 RATES - STORMWATER.
(a) Surface Drainage/Stormwater Rates. A general
retail stormwater rate shall be assessed all property own-
ers who contribute to or benefit from the utility storm-
water system.
Rates shall be determined by the approximate
amount of impervious surface area of developed parcel,
including publicly owned property and right-of-way.
Impervious surface, measured in equivalent imper-
vious surface units (ISU’s) shall be determined for each
developed property, except single family or duplex uses
which shall be assigned the minimum rate.
(b) Improper Stormwater Inflow to Wastewater
System. A rate shall be assessed on all property owners
who have an improper stormwater discharge to the
wastewater system pursuant to the Utility Fee and Rate
Schedule established for stormwater by City Council
ordinance.
15.06-A1 (Revised 3/05)
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
GENERAL FACILITY CHARGES
Water (per meter size)
5/8" x 3/4" $2,300.00 $2,300.00
1" $5,750.00 $5,750.00
1-1/2" $11,500.00 $11,500.00
2" $18,400.00 $18,400.00
Greater than 2" Calculated based on usage Calculated based on usage
Wastewater (per ERU) $3,482.00 $3,482.00
Stormwater (per ISU) $933.00 $933.00
CONNECTION/INSPECTION FEES
Water
5/8" x 3/4" $1,715.00 $2,572.50
1" $1,848.00 $2,772.00
1-1/2" $2,899.00 $4,348.50
2" $3,682.00 $5,523.00
Greater than 2" Actual Time & Materials 150% of Actual Time &
Materials
Field Inspection Fees
Water Main Extensions (per foot) $1.10 $1.65
but not less than: $410.00 $615.00
Pump Station $540.00 $810.00
Miscellaneous (per hour) $45.00 $67.50
Wastewater
Lateral Connection at P/L $45.00 $67.50
Lateral Connection at Main $270.00 $405.00
Conveyance Facility Extensions (per foot) $1.50 $2.25
but not less than: $325.00 $487.50
Pump Station $540.00 $810.00
Miscellaneous (per hour) $45.00 $67.50
(Revised 3/05)15.06-A2
RETAIL WATER SERVICE RATES
General Service - Monthly Service Charge
Meter Size
5/8 x 3/4 inches $8.02 $12.03
1 inch $9.17 $13.76
1-1/2 inch $13.03 $19.55
2 inch $17.50 $26.25
3 inch $33.22 $49.83
4 inch $61.82 $92.73
6 inch $219.39 $329.09
8 inch $800.69 $1,201.04
10 inch $2,858.72 $4,288.08
12 inch $10,749.49 $16,124.24
Residential Commodity Charge (per HCF)
0 - 10 HCF/Month $0.87 $1.31
Over 10 HCF/Month $0.97 $1.46
Non-Residential Commodity Charge (per HCF) $0.94 $1.41
Fire Protection - Monthly Service Charge
Service Size
1 inch $13.67 $20.51
1-1/2 inch $20.57 $30.86
2 inch $26.75 $40.12
3 inch $29.47 $44.20
4 inch $32.12 $48.18
6 inch $40.08 $60.13
8 inch $53.36 $80.04
10 inch $74.79 $112.19
12 inch $106.91 $160.37
Commodity Charge (per HCF) $1.88 $2.82
- For Usage Other Than Firefighting
Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge
Base Charge (per account) $8.02 $12.03
Commodity Charge
0 - 5 HCF/Month No Charge No Charge
5 - 10 HCF/Month $0.87 $1.31
Over 10 HCF/Month $0.97 $1.46
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
15.06-A3 (Revised 3/05)
RETAIL WATER SERVICE RATES (Continued)
Temporary/Construction Meter
1" Meter
Deposit $105.00 $105.00
Base Fee (per month) $9.17 $13.76
Set Up Fee $90.00 $90.00
Hydrant Meter (3" Meter)
Deposit $510.00 $510.00
Base Fee (per month) $33.22 $49.83
Set Up Fee $90.00 $90.00
Equipment Loss/Damage Actual Time & Materials 150% of Actual Time &
Materials
Commodity Charge (per HCF) $0.94 $1.41
City Parks and Recreation Dept. - Irrigation
Commodity Charge (per HCF) $0.48
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
(Revised 3/05)15.06-A4
RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single-Family
Base Charge (per account) $18.12 $20.84
Commodity Charge (per HCF) $4.24
Duplex on 1 Meter or 2 Buildings on 1 Meter
Base Charge (per unit) $14.37 $16.53
Commodity Charge (per HCF) $4.24
Multifamily
Base Charge (per unit) $14.37 $16.53
Commodity Charge (per HCF) $4.24
Commercial I
Base Charge (per account) $26.79 $30.81
Commodity Charge (per HCF) $4.34
Commercial II
Base Charge (per account) $27.26 $31.35
Commodity Charge (per HCF) $6.81
Commercial III
Base Charge (per account) $27.02 $31.07
Commodity Charge (per HCF) $5.57
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $11.25 $12.94
Commodity Charge (per HCF)
0 - 5 HCF/Month No Charge No Charge
Over 5 HCF/Month $3.68 $4.24
Septage Disposal
(per gallon of tank capacity) $0.15 $0.15
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
15.06-A5 (Revised 3/05)
RETAIL STORMWATER RATES
Monthly Service Charge
Single-Family/Duplex
Base Charge (per account) $5.97 N/A
Exception: Duplex
with 2 Meters (per account) $2.99 N/A
Multifamily
Base Charge (per ISU) $5.97 N/A
Commercial
Base Charge (per ISU) $5.97 N/A
Public School Districts (per account) $5.97 N/A
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $3.65 N/A
Multifamily and Commercial Rate Adjustment
Water Quality (per ISU) ($0.66) N/A
Water Quantity (per ISU) ($1.99) N/A
Stormwater Penalty
New Multifamily and Commercial Development without On-Site
Detention
Charge (per ISU) $1.33 N/A
IMPROPER STORMWATER INFLOW RATES
The following rates are established for Improper Stormwater Inflow,
based upon the stormwater ISU for each lot and adjusted annually on the
following schedule:
EFFECTIVE DATE RATE
May 1, 2002 25% Stormwater Fee for Property
May 1, 2003 50% Stormwater Fee for Property
May 1, 2004 75% Stormwater Fee for Property
May 1, 2005 100% Stormwater Fee for Property
After May 1, 2005, the Improper Stormwater Inflow Rate will remain at
100% of the Stormwater Fee for a property unless otherwise modified by
the City Council. The fees shall be deposited in the Wastewater Fund
(451).
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
(Revised 3/05)15.06-A6
MISCELLANEOUS FEES AND CHARGES
Park Reservation Fee $30.00 $30.00
(non-refundable)
Office Services
New Account (includes water turn-on)
Account Maintenance $5.00 $5.00
Past Due Notice $2.50 $2.50
Lien Recovery Charge $100.00 $100.00
Duplicate Bill Charge $1.00 $1.00
Close Account/Meter Read/Water Service Turn-off $20.00 $20.00
Field Services
Pavement Restoration Charge
(refundable, if assessed and not required)
Asphalt Patch $694.00 $1,041.00
Concrete Patch $894.00 $1,341.00
Asphalt Trench $817.00 $1,225.50
Concrete Trench $2,348.00 $3,522.00
County Road Permit N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller - excluding excavation and backfill $2,852.00 $4,278.00
8" and smaller - service to property line $5,746.00 $8,619.00
Greater than 8" x 8" Actual Time & Materials 150% of Actual Time &
Materials
*Does Not Include Pavement Restoration Charge
Fire Hydrant Installation* Actual Time & Materials 150% of Actual Time &
Materials
Water Meter Reinstallation
3/4" and 1" $68.00 $68.00
1-1/2" and 2" $108.00 $108.00
3" and greater Time & Materials Time & Materials
Water Meter Reactivation $48.00 $48.00
Water Meter Tampering
Tampering Removal $173.00 $173.00
Tampering Reinstallation Time & Materials Time & Materials
Cross-Connection Control
Inspection $45.00 $45.00
Fire Service - Detector, Meter and MXU $397.75 $397.75
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
15.06-A7 (Revised 3/05)
MISCELLANEOUS FEES AND CHARGES (Continued)
Storz Adapter $236.00 $236.00
Water Service Turn-off/Turn-on (customer request)
Regular Hours $20.00 $20.00
After Hours $150.00 $150.00
Delinquency Notice $10.00 $10.00
Water Service Turn-off/Turn-on (delinquent accounts)
Regular Hours $45.00 $45.00
After Hours $150.00 $150.00
Flow and Pressure Test (Uncertified)
3/4" and 1" meters only $48.00 $48.00
1-1/2" and 2" meters only $87.00 $87.00
Larger than 2" Time & Materials Time & Materials
Utility Plant Locates
Regular Hours N/C N/C
After Hours $150.00 $150.00
Emergency N/C N/C
Meter Test Fee (based on meter size)
3/4" and 1" $108.00 $108.00
1-1/2" and 2" $148.00 $148.00
3" or greater Time & Materials Time & Materials
Engineering Services*
Plan Check Fees
Main Extensions (per foot) $0.25 $0.38
BUT not less than: $214.00 $321.00
(includes hydrants and appurtenances and connection to water
system)
Pump Stations $536.00 $804.00
Fireline Extension $86.00 $129.00
Irrigation Systems $86.00 $129.00
System Connections $86.00 $129.00
Miscellaneous (per hour) $45.00 $67.50
*Fees include original review and one resubmittal review
Additional reviews will be charged at miscellaneous hourly rate
(above)
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
(Revised 3/05)15.06-A8
MISCELLANEOUS FEES AND CHARGES (Continued)
Storm Drainage Plan Review Fees **
Preliminary Drainage Plans
Residential Development $332.00 N/A
Non-Residential Development $230.00 N/A
Plus per ISU $10.00
Final Detailed Drainage Plans
Residential Development (per lot)
0 - 20 Lots $36.00 N/A
21 - 50 Lots $26.00 N/A
51 - 100 Lots $23.00 N/A
100+ Lots $20.00 N/A
Minimum Charge $255.00 N/A
Non-Residential Development
per ISU $20.00 N/A
Minimum Charge $306.00 N/A
Resubmittal Fees
First Resubmittal No Charge N/A
Subsequent Resubmittal $255.00 N/A
Storm Drainage Inspection Fees **
Residential Development (per lot) $15.00 N/A
Non-Residential Development (per ISU) $15.00 N/A
Minimum Charge $153.00 N/A
Conveyance Facility Extensions (per foot) $0.80 N/A
Minimum Charge $306.00 N/A
Unscheduled Inspections* (per site visit) $45.00 N/A
*Unscheduled inspections shall be tracked through the course of a project and billed after the
final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy
approval
** Does not apply to single family residence or duplex construction on an existing established lot
Utility/Lien Search Fee (Manual)*** $30.00 $30.00
***Search per parcel
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE NOVEMBER 1, 2004
Within Outside
City Limits 2004 City Limits 2004
17.04-1 (Revised 3/05)
Chapter 17.04
CITY BUILDING CODE
Sections:
17.04.010 PURPOSE.
17.04.020 STATE BUILDING CODE -
ADOPTION.
17.04.030 CODE CONFLICTS.
17.04.040 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE - ADMINISTRATION.
17.04.050 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE - SECTION 903,
AUTOMATIC SPRINKLER
SYSTEMS.
17.04.060 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE - SECTION 907 FIRE
ALARM AND DETECTION
SYSTEMS.
17.04.070 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE - SECTION 3002
ELEVATORS AND
CONVEYING SYSTEMS.
17.04.080 AMENDMENTS TO THE
INTERNATIONAL
RESIDENTIAL CODE.
17.04.090 AMENDMENTS TO THE
INTERNATIONAL
MECHANICAL CODE.
17.04.100 AMENDMENTS TO THE
UNIFORM PLUMBING CODE.
17.04.110 AMENDMENTS TO THE
UNIFORM HOUSING CODE
(UHC).
17.04.120 AMENDMENTS TO THE
UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS
BUILDINGS (DBC).
17.04.130 BUILDING CODES - FEES.
17.04.140 APPEALS.
17.04.150 VIOLATION - PENALTY.
17.04.010 PURPOSE.
The purpose of the City Building Code is to
enhance the health, safety and welfare of the public as a
whole by ensuring that buildings, dwellings, structures
and land will be constructed, maintained and used in a
manner so as to reduce hazards, increase durability and
require consistent patterns of community development;
provided, notwithstanding anything in this chapter or in
the codes adopted in BMC 17.04.020 to the contrary,
this chapter and the codes adopted in BMC 17.04.020
establish duties owed to the public as a whole and not
any duties to protect any person or class of persons.
(Ord. 4904 §1, 2004)
17.04.020 STATE BUILDING CODE -
ADOPTION.
In accordance with Chapter 19.27 RCW, the fol-
lowing codes (collectively, the "building codes")
together with any additions, deletions, and exceptions
currently enacted or as may be amended from time to
time by the State of Washington through its Building
Code Council pursuant to the Washington Administra-
tive Code ("WAC"), and as further amended in this
chapter, are adopted by reference:
(a) The International Building Code, 2003 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-50 WAC.
(b) The International Residential Code, 2003 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-51 WAC.
(c) The International Mechanical Code, 2003 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-52 WAC.
(d) The Uniform Plumbing Code, 2003 Edition,
published by the International Association of Plumbing
and Mechanical Officials, as amended pursuant to
Chapter 51-56 WAC and the Uniform Plumbing Code
Standards (Appendices A, B, and I to the Uniform
Plumbing Code), as amended pursuant to Chapter 51-57
WAC.
(e) The Uniform Housing Code, 1997 Edition,
published by the International Conference of Building
Officials.
(f) The Uniform Code for the Abatement of Dan-
gerous Buildings, 1997 Edition, published by the Inter-
national Conference of Building Officials.
(g) The Washington State Energy Code as written
by the Washington State Building Code Council pursu-
ant to Chapter 51-11 WAC.
(h) The Washington State Ventilation and Indoor
Air Quality Code as written by the Washington State
Building Code Council pursuant to Chapter 51-13
WAC.
(i) The Uniform Building Code, 1997 Edition,
published by the International Conference of Building
Officials for the limited purpose to enforce the Uniform
Code for the Abatement of Dangerous Buildings and the
Uniform Housing Code referenced above.
(j) The Uniform Mechanical Code, 1997 Edition,
published by the International Conference of Building
Officials for the limited purpose to enforce the Uniform
Code for the Abatement of Dangerous Buildings and the
Uniform Housing Code referenced above.
(Revised 3/05)17.04-2
One (1) copy of each of these codes is on file with
the City’s Building Official. (Ord. 4904 §1, 2004)
17.04.030 CODE CONFLICTS.
To the extent allowed by RCW 19.27.040, if a con-
flict exists between the provisions of the State Building
Codes adopted by the Washington State Building Code
Council and the provisions of this chapter, the Bremer-
ton Municipal Code provisions shall govern. In cases of
conflict among the codes enumerated in BMC
17.04.020(a) through (j), the first named shall govern
over those following. (Ord. 4904 §1, 2004)
17.04.040 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE - ADMINISTRATION.
The following local amendments to the Interna-
tional Building Code previously adopted in BMC
17.04.030 are hereby adopted and incorporated into the
International Building Code:
(a) General - Building Code Appendices Adopted.
Section 101 of the International Building Code, entitled
"General," is amended by adding the following new
Subsection 101.5:
Sec. 101.5 Building code appendices adopt-
ed. Appendices C, H, I, and J to the Internation-
al Building Code are hereby adopted; however,
the public works director shall have the authori-
ty to enforce and interpret Appendix J and, ac-
cordingly, all references to the “building official”
in Appendix J shall be substituted with the
words “public works director.”
(b) Duties and Powers of Building Official - Lot
Lines and Setback Lines. Section 104 of the Interna-
tional Building Code, entitled "Duties and Powers of
Building Official," is amended by adding the following
new Subsection 104.12:
Sec. 104.12 Lot lines and setback lines. Not-
withstanding the authority of the building official
to administer and enforce the building code, the
building official shall have no duty to verify or
establish lot lines or setback lines. No such duty
is created by this code, and none shall be im-
plied.
(c) Work Exempt from Permit. Section 105.2 of
the International Building Code, entitled "Work exempt
from permit," is amended by amending building exemp-
tion number 2 as follows:
2. Fences not over 2 feet high.
(d) Board of Appeals. Section 112 of the Interna-
tional Building Code, entitled "Board of Appeals," is
amended by substituting Section 112 with the follow-
ing:
Sec. 112 Board of appeals. The City of
Bremerton hearings examiner is designated as
the board of appeals in order to hear and decide
appeals of orders, decisions, or determinations
made by the building official relative to the suit-
ability of alternate materials, design, and meth-
ods of construction and appeals of the
reasonable application and interpretation of the
building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Mu-
nicipal Code.
(Ord. 4906 §2, 2004; Ord. 4904 §1, 2004)
17.04.050 AMENDMENTS TO THE
INTERNATIONAL BUILDING
CODE - SECTION 903,
AUTOMATIC SPRINKLER
SYSTEMS.
The following local amendments to Section 903 of
the International Building Code, entitled "Automatic
Sprinkler Systems," are adopted and incorporated into
the International Building Code:
(a) Automatic Sprinkler Systems - Where
Required. Section 903 of the International Building
Code, entitled "Automatic Sprinkler Systems," is
amended by substituting Subsection 903.2 with the fol-
lowing:
Sec. 903.2 Where required. Approved fire
sprinkler systems shall be installed as follows:
1. In all buildings without adequate fire flow as
required by this code.
Exception: Group U Occupancies.
2. All new buildings and structures with a
gross floor area of 10,000 or more square feet
(929 m2), or where this code provides a more
restrictive floor area requirement, and shall be
provided in all locations or where described by
this code.
Exception: Spaces or areas in telecommunica-
tions buildings used exclusively for telecommu-
nications equipment, associated electrical
power distribution equipment, batteries, and
standby engines, provided those spaces or ar-
eas are equipped throughout with an automatic
fire alarm system and are separated from the
remainder of the building by a wall with a fire-re-
sistance rating of not less than 1 hour and a
17.04-2.1 (Revised 3/05)
floor/ceiling assembly with a fire-resistance rat-
ing of not less than 2 hours.
3. Where this code requires the installation of
an automatic sprinkler system to protect an oc-
cupancy within an otherwise non-sprinkled
building, then automatic sprinkler protection will
be required throughout the entire building.
(Revised 3/05)
Title 21
LAND USE
Chapters:
21.02 ZONING CODE
21.04 SHORELINE DEVELOPMENT
21.06 COMPREHENSIVE PLAN AMENDMENTS
21.12 STATE ENVIRONMENTAL POLICY ACT
21.22 CRITICAL AREAS
21.02-17 (Revised 3/05)
1988)
21.02.180 REAR YARDS.
Intrusions into Required Setbacks - No structure
shall intrude into required rear yard setback, except as
follows:
(a) Eaves, cornices, awnings, architectural
appendages, fireplaces, chimneys and permitted signs
may extend no more than two (2) feet into the required
rear yard area setback, and in no case shall be closer than
three (3) feet from any property line.
(b) Decks, platforms and open uncovered porches
are permitted within the rear yard area, provided they do
not exceed thirty (30) inches in height above the fin-
ished grade and are no closer than three (3) feet from any
lot line.
(c) Fences, free-standing walls, steps, walks and
driveways.
(Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988)
21.02.185 ALTERNATIVE SETBACKS.
(a) Alternative setbacks that create benefits in the
public interest that exceed those that would accrue from
development as prescribed by the setback standards of
the zone in which the project is located may be approved
as a Type I administrative decision.
(b) Decision criteria: Alternative setbacks may be
approved only if they satisfy all of the following criteria:
(1) Total site area within setbacks shall be
equal to or exceed that created by adherence to the stan-
dard setbacks.
(2) There shall be a finding of public benefit
that is consistent with the goals and policies of the Com-
prehensive Plan. An example of public benefit includes
but is not limited to:
(i) reduction of setback adjacent to a
street or other public right of way in exchange for
increased setback from a development-sensitive envi-
ronment such as a wetland or an existing incompatible
land use;
(3) The development plan shall not be incon-
sistent with the intent of any provision of the Zoning
Code. (Ord. 4806, Added, 06/28/2002)
21.02.190 ACCESSORY USES AND
STRUCTURES.
(a) A use or structure that is incidental and subor-
dinate to a principal structure or use and which is cus-
tomarily found in connection with the principal
structure or use shall be permitted, so long as that prin-
cipal structure or use is permitted to continue, or unless
otherwise specified in this Ordinance.
(b) Accessory structures and uses may not be
established without a related principal structure or use
on the same property, except that accessory uses or
structures may be established on a lot immediately adja-
cent to and under the same ownership as the principal’s
lot, provided it is not separated from that lot by a street,
alley or other right-of-way, and is in the same zoning
district.
(c) Accessory uses or structures shall be deter-
mined by the definition of "Structure, Accessory" in
BMC 21.02.070, the designation "AC" in the Land Use
Tables of this chapter, or by the Director. Typical acces-
sory uses and structures include the following:
(1) Residential. Garage, carport, tennis court,
swimming pool/spa, woodshed, shop, storage shed,
greenhouse, and gazebo.
(2) Commercial/Industrial: Storage shed or
enclosure, trash dumpsters, commercial vehicle parking
and loading, customer and employee parking, signs, and
related subordinate businesses or activities. (Ord. 4591,
Readopted, 04/14/1997; Ord. 4325 §1 (in part), 1991;
Ord. 4172, 1988)
21.02.200 FLAG LOTS.
(a) Lot Size:
(1) The minimum lot area required for flag
lots is 150 percent of the minimum lot size normally
required in the zoning district in which the property is
located.
(2) The minimum lot width and depth is the
minimum lot width and depth required in the zoning dis-
trict in which the lot is located. Flag lot dimensions shall
be measured from the mid-point between two opposite
lot lines of the body of the flag lot.
(3) For building setback purposes, the prop-
erty line of the "flag" portion of the lot that most closely
parallels the street from which the lot gains its access,
shall be considered the front lot line and the front yard
setback (building line) shall be measured from that lot
line. (See Figure 070(c) and 070(e).)
(b) Access Way:
(1) The access way or driveway shall be under
the same ownership as the body of the flag lot. An ease-
ment shall not be permitted as a method of providing
access to the body of a flag lot.
(2) Flag lots must be provided with access to
a paved and dedicated right-of-way either by,
i. Providing and deeding an access way
or area for a driveway of at least twenty (20) feet wide
extending from a dedicated right-of-way to the body of
a flag lot; or
ii. A private street in which the abutting
properties have common ownership.
(Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988)
(Revised 3/05)21.02-18
21.02.210 SETBACKS OF ACCESSORY
STRUCTURES.
(a) Accessory structures shall observe the front
yard setbacks requirements of the zone in which they are
located.
(b) Accessory structures in Residential zoning dis-
tricts may be constructed no closer than three (3) feet
from the side or rear property lines that adjoin other
property. No setback is required if the side or rear prop-
erty line adjoins an alley.
(c) Accessory structures for the keeping of live-
stock or fowl shall conform to the requirements of
Bremerton Municipal Code 7.08.700.
(d) Accessory structures on adjacent lots, that are
not attached to their principal or any other structures,
may be attached to each other at a side or rear property
line (zero-lot-line) with approval of a Special Use Per-
mit and if designed in accordance with UBC require-
ments for such structures. (Ord. 4591, Readopted,
04/14/1997; Ord. 4325 §1 (in part), 1991; Ord. 4172,
1988)
21.02.220 MEASURING HEIGHT OF A
STRUCTURE.
(a) The height of a building is the vertical distance
above a reference datum measured to the highest point
of the coping of a flat roof or to the deck line of a man-
sard roof or to the average height of the highest gable of
a pitched or hipped roof. The reference datum shall be
selected by either of the following, whichever yields the
greater height of a building:
(1) The elevation of the highest adjoining
sidewalk or ground surface within a five-foot horizontal
distance of the exterior wall of the building when such
sidewalk or ground surface is not more than ten (10) feet
above the lowest grade.
(2) An elevation ten (10) feet higher than the
lowest grade when the sidewalk or ground surface
described in item 1 above is more than ten (10) feet
above lowest grade. The height of a stepped or terraced
building is the maximum height of any segment of the
building.
(b) Exceptions: Penthouse for elevators, fire walls,
chimneys, and flagpoles, may exceed the height limits
of the Zoning District. None of these exceptions to the
height regulations shall be used for advertising of any
kind. (See Figure 220.) (Ord. 4591, Readopted,
04/14/1997; Ord. 4325 §1 (in part), 1991; Ord. 4172,
1988)
21.02.230 FENCES AND WALLS.
(a) Fences and walls shall observe the following
height and setback requirements:
(1) Residential Zones.
i. Maximum height shall be six (6) feet.
ii. Maximum height within the front
yard setback area shall be three (3) feet; except an open
mesh cyclone type fence may not exceed a height of
forty-eight (48) inches.
iii. On corner lots with a specified front
yard setback on each street frontage, the Director can
determine that the street frontage of the residence’s prin-
cipal orientation is a "primary frontage" and may permit
a six (6) foot maximum height fence in the yard on the
other (secondary) frontage only if all of the following
conditions are met:
a. The higher fence will not block
any existing front yard views from an adjoining resi-
dence with its principal orientation to that same street;
b. The higher fence will not be
closer to the residence’s front property line on the street
of principal orientation than the closest part of the front
facade of the residence;
c. The higher fence will not
encroach into the front yard of the primary frontage
where the maximum height limit in subsection (a)(1)(ii)
of this section takes precedence.
(2) Commercial Zones.
i. Maximum height shall be eight (8)
feet.
ii. Maximum height shall be six (6) feet
when adjacent to a public right-of-way or to a residential
zone.
(3) Industrial Zone.
i. Maximum height shall be ten (10)
feet.
ii. Maximum height shall be six (6) feet
when adjacent to a public right-of-way or to a residential
zone.
(b) A Type II Special Use Permit may be granted
for fences or walls up to eight (8) feet high in a side or
rear yard only if all of the following criteria are met:
(1) The fence or wall is necessary to provide
privacy and security between a residential and a non-
residential use; and
(2) The design of the fence will present a "fin-
ished" appearance on its outside face.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences above ground
shall be permitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones above a height of
six (6) feet; provided, that adjoining a residential zone,
devices may be allowed by a Type II Special Use Permit
only if the following criteria are met:
21.02-18.1 (Revised 3/05)
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high provided that:
(1) No individual structural support for such
features shall be more than twelve (12) inches square in
section for any part of the structural support over three
(3) feet above grade;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than 6 (six) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry. (Ord. 4906 §1, 2004; Ord. 4591,
Readopted; 04/14/1997; Ord. 4325 §1 (in part), 1991;
Ord. 4172, 1988)
21.02.240 HOME OCCUPATION.
(a) Permitted Use. Home occupations, where per-
mitted, are subject to the following limitations:
(1) The home occupation shall be clearly sub-
ordinate to the use of the dwelling unit for residential
purposes;
(2) The home occupation shall be wholly situ-
ated indoors;
(3) No person may be employed in the home
occupation unless a resident of the dwelling unit.
(4) There shall be no exterior display, storage
or other exterior indication of the existence of the home
occupation; provided no more than one unlighted sign
not exceeding two square feet (2') in size attached flat to
the main building bearing only the name and occupation
of the occupant shall be permitted.
(5) In addition to off-street parking required
for the dwelling unit by BMC 21.02.590-.690, addi-
tional off-street parking is required for one patron. No
parking shall occur in the required setbacks.
(6) Sales are limited to products produced on
the premises. Products produced elsewhere may be han-
dled as a function of the home occupation, provided the
business is primarily involved in the product’s distribu-
tion and does not attract buyers to the property for retail
or wholesale sales.
(7) Sales and services to patrons shall be
arranged through appointment to the end that only one
patron vehicle is on the premises at the same time.
(8) Not more than fifty (50) percent of the
gross floor area of the dwelling unit may be devoted to
the home occupation; and, the garage shall not be used
in the
21.22-1 (Revised 3/05)
Chapter 21.22
CRITICAL AREAS
Sections:
21.22.010 PURPOSE.
21.22.020 INTENT.
21.22.030 SCOPE AND APPLICABILITY.
21.22.040 ABROGATION AND GREATER
RESTRICTIONS.
21.22.050 DEFINITIONS.
21.22.060 ADMINISTRATIVE
PROCEDURES.
21.22.070 AQUIFER RECHARGE AREAS.
21.22.080 FISH AND WILDLIFE
HABITAT CONSERVATION
AREAS.
21.22.090 FLOOD HAZARD AREAS.
21.22.100 GEOLOGICALLY
HAZARDOUS AREAS.
21.22.110 WETLANDS AND STREAM
CORRIDORS.
21.22.120 WETLANDS AND STREAM
CORRIDORS -
APPLICABILITY.
21.22.130 CLASSIFICATION.
21.22.140 REVIEW PROCESS.
21.22.150 ALTERNATIVE REVIEW
PROCESS.
21.22.160 CLEANUP REVIEW PROCESS
AND STANDARDS.
21.22.170 PERMITTED
USES/ACTIVITIES.
21.22.180 TEMPORARY EMERGENCY
PERMITS.
21.22.190 REGULATED
USES/ACTIVITIES.
21.22.200 CONDITIONS.
21.22.210 GENERAL PERMIT
STANDARDS.
21.22.220 BUFFERS.
21.22.230 STANDARDS.
21.22.240 EXTRAORDINARY HARDSHIP
TEST.
21.22.250 PUBLIC INTEREST.
21.22.260 MITIGATION PROCEDURES.
21.22.270 BONDS.
21.22.280 ENVIRONMENTALLY
SENSITIVE DESIGNATION.
21.22.290 NONCONFORMING
USES/STRUCTURES.
21.22.300 APPEALS.
21.22.310 ENFORCEMENT.
21.22.320 SEVERABILITY.
21.22.330 VIOLATION - PENALTY.
21.22.010 PURPOSE.
The purpose of this chapter is to protect the public
health, safety, and welfare by establishing provisions to
classify, protect, and preserve Bremerton’s critical
areas; by providing standards to manage development in
association with these areas; and by designating some of
these areas as environmentally sensitive in accordance
with the State Environmental Policy Act (SEPA). (Ord.
4422 §1 (in part), 1993)
21.22.020 INTENT.
Critical areas include critical aquifer recharge
areas, fish and wildlife habitat conservation areas, flood
hazard areas, geologically hazardous areas, stream cor-
ridors, wetlands, and any buffer zones. These critical
areas serve many important ecological functions. Many
of the critical areas in Bremerton have been lost or
degraded through past development. Bremerton, as an
urban growth area, is experiencing increasing growth
and its land resource is diminishing. This increasing
growth and diminishing land resource is creating pres-
sure for the development of critical areas. New con-
struction technology is also creating pressure on these
sites by making development feasible on sites where it
was formerly impractical to build.
Because of the ecological benefits of critical areas,
their past destruction, and the increasing pressure to
develop them, the intent of this chapter is to ensure that
the City’s remaining critical areas are preserved and
protected and that development in or adjacent to these
areas is managed. This chapter contains classification
criteria and preservation standards for each type of crit-
ical area. The classification criteria identify physical
characteristics by which critical areas are designated.
The preservation standards are provisions designed to
protect critical areas from degradation caused by
improper development. These criteria and standards will
secure the public health, safety and welfare by:
(a) Reducing risk of damage due to erosion, flood-
ing, and land slides;
(b) Reducing the risks to the public from personal
injury, loss of life, or property damage;
(c) Maintaining surface water quality and protect-
ing groundwater areas which help recharge (purify or
resupply) rivers, streams, and aquifers;
(d) Maintaining and protecting priority fish and
wildlife habitats;
(e) Providing open space and aesthetic value;
(f) Providing migratory pathways for fish and
birds;
(g) Providing unique urban wilds that serve as nat-
ural laboratories for schools and the general public;
(h) Avoiding public expenditures to correct dam-
aged or degraded critical ecosystems;
(i) Alerting appraisers, assessors, owners, poten-
tial buyers, or lessees to the potential presence of a crit-
(Revised 3/05)21.22-2
ical ecosystem and possible development limitations;
and
(j) Providing City officials with information,
direction, and authority to protect ecosystems when
evaluating development proposals. (Ord. 4422 §1 (in
part), 1993)
21.22.030 SCOPE AND APPLICABILITY.
(a) General: This chapter applies to any activity
which would destroy the natural vegetation; result in a
significant change in critical habitat, water temperature,
physical or chemical characteristics; or alter natural
contours and/or substantially alter existing patterns of
tidal, sediment, or storm water flow on any land which
meets the classification standards for any critical area
defined herein. Such activities include excavation, grad-
ing, filling, the removal of vegetation, and the construc-
tion, exterior alteration, or enlargement of any building
or structure. In addition, this chapter applies to all public
or private actions, permits, and approvals in or adjacent
to a critical area and its buffer, including but not limited
to the following:
(1) Building, demolition, grading, filling, spe-
cial, storm water and sanitary sewer permits, and local
improvement districts;
(2) Subdivisions and short plats;
(3) Reclassifications, site plan approvals,
shoreline substantial development permits, and special
and conditional use permits; and
(4) Temporary use permits, variances, excep-
tions, and waivers.
(b) Exempted Activities: Maintenance and repair
of legally existing roads, structures or facilities. All
work must be conducted using best management prac-
tices. The Director may place conditions on any such
one-time exemption. The maintenance and repair of
legally existing roads, structures or facilities may occur
without application to and approval by the Director.
(c) Where one (1) site is classified as containing
two (2) or more critical areas, the project shall meet the
minimum standards and requirements for each identi-
fied critical area as set forth in this chapter.
(d) Critical areas may be located through the use of
information from the United States Department of Agri-
culture Soil Conservation Service, the United States
Geological Survey, the Washington Department of
Ecology, the Coastal Zone Atlas, the National Wetlands
Inventory maps, Bremerton topography maps, the Kit-
sap County Generalized Wetland and Critical Areas
Inventory maps, and Kitsap County Assessor’s maps.
The Kitsap County Generalized Wetland and Critical
Areas Inventory maps and other above-listed sources
are only guidelines available for reference. The actual
location of critical areas must be determined on a site-
by-site basis according to the classification criteria
found in this ordinance. (Ord. 4422 §1 (in part), 1993)
21.22.040 ABROGATION AND GREATER
RESTRICTIONS.
Where this chapter imposes greater restrictions than
existing regulations, easements, covenants or deed
restrictions, provisions of this chapter shall prevail. It is
not intended that this chapter repeal, abrogate, or impair
any existing regulations, easements, covenants, or deed
restrictions. (Ord. 4422 §1 (in part), 1993)
21.22.050 DEFINITIONS.
Words and phrases used in this chapter shall be
interpreted as defined below. Where ambiguity exists,
words or phrases shall be interpreted so as to give this
chapter its most reasonable application in carrying out
its regulatory purpose.
(a) (1) Aquifer: A saturated geologic formation
which will yield a sufficient quantity of water to serve
as a private or public water supply.
(2) Aquifer critical recharging areas: Areas of
permeable deposits exposed at the surface which trans-
mit precipitation and surface water to an aquifer which
is used for potable water.
(b) (1) Best management practices: The utiliza-
tion of methods, techniques or products which have
been demonstrated to be the most effective and reliable
in minimizing impacts.
(2) Buffer zone: An area required by this
chapter surrounding a natural, restored or newly created
critical area. The buffer zone also serves as a buffer
between the critical area and its associative upland areas
and as an integral part of the habitat ecosystem.
(c) (1) Class, wetland: One of the wetland classes
in the United States Fish and Wildlife Service publica-
tion, Classification of Wetlands and Deepwater Habitats
of the United States (December 1979). A class describes
the general appearance of the habitat in terms of either
the dominant vegetation life form or the physical geog-
raphy and composition of the substrate. The following
are examples of classes:
(2) Clearing: The destruction or removal of
logs, scrub-shrubs, stumps, trees or any vegetative
material by burning, chemical, mechanical or other
means.
(3) Compensation: Replacement by creation,
enhancement or restoration of a wetland equivalent in
function and value to the one being impacted or lost due
to development. Compensation may also include the use
of monetary contributions to a mitigation fund.
(4) Creation: Bringing a wetland or stream
corridor into existence at a site in which a wetland or
stream corridor did not formerly exist.
(5) Critical areas include the following eco-
systems: Areas with a critical recharging effect on aqui-
fers used for drinking water, fish and wildlife habitat
conservation areas, frequently flooded areas, geologi-
cally hazardous areas, wetlands, and streams.
21.22-19 (Revised 3/05)
progress of mitigation project;
(8) The plan must indicate ownership, size,
type, and complete ecological assessment, including
flora, fauna, hydrology, functions, etc. of the stream or
wetland being created, enhanced or restored; and
(9) Information on the natural suitability of
the proposed site for establishing the replaced wetland
or stream (i.e., water source and drainage patterns, topo-
graphic position, wildlife habitat opportunities, value of
the existing area to be converted, etc.).
(d) The Director shall review and approve the mit-
igation plan. Agreed-upon performance standards shall
be contained in the mitigation plan and approved by the
applicant and the Director during the review process.
(e) The applicant must demonstrate fiscal, admin-
istrative, and technical competence to successfully exe-
cute the overall project through completion. This
compensation project shall be monitored for a minimum
of three years in accordance with the approved perfor-
mance and maintenance agreement. In the event of a
breach of any condition of said agreement, the Director
may institute an action in court and prosecute the same
to judgment and execution. Final approval for the com-
pleted compensation project involving creation,
enhancement or restoration shall be granted by the
Director when the applicant submits documentation that
all requirements of this section have been completed.
(Ord. 4476 §5, 1994; Ord. 4422 §1 (in part), 1993)
21.22.270 BONDS.
(a) Performance bonds: Except for public agen-
cies, applicants receiving a permit involving compensa-
tion for mitigation are required to post a cash
performance bond or other acceptable security to guar-
antee compliance with this chapter prior to beginning
any site work. The surety shall guarantee that work and
materials used in construction are free from defects. All
bonds shall be approved by the City Attorney. The
surety or bonds cannot be terminated or canceled with-
out written approval. The Director shall release the bond
after documented proof that all structures and improve-
ments have been shown to meet the requirements of this
chapter and that a maintenance bond has been posted, if
required.
(b) Maintenance bonds: Except for public agen-
cies, an applicant shall be required to post a cash main-
tenance bond or other acceptable security guaranteeing
that structures and improvements required by this chap-
ter will perform satisfactorily for a minimum of three (3)
years after they have been constructed and approved.
The value of the bond shall be based on the average or
median of three (3) contract bids that establish all costs
of compensation, including costs relative to perfor-
mance, monitoring, maintenance, and provision for con-
tingency plans. The amount of the bond shall be set at
one hundred (150) percent of the average expected cost
of the compensation project. All bonds shall be on a
form approved by the City Attorney. Without written
release, the bond cannot be canceled or terminated. The
Director shall release the bond after determination that
the performance standards established for measuring the
effectiveness and success of the project have been met.
(Ord. 4422 §1 (in part), 1993)
21.22.280 ENVIRONMENTALLY SENSITIVE
DESIGNATION.
Pursuant to WAC 197-11-908 and Chapter 21.12
BMC, fish and wildlife habitat conservation areas, ero-
sion hazard areas, landslide hazard areas, steep slopes,
wetlands, and streams are hereby designated as environ-
mentally sensitive areas. These areas are mapped on
Bremerton’s Generalized Critical Areas Maps available
in the Engineering Division, Public Works and Utilities
Department. The following SEPA categorical exemp-
tions shall not apply within these areas: BMC 21.12.090
and the following subsections of WAC 197-11-800:
(1)(b); (2)(d) excluding landscaping, (e), (f) and (g); (3);
24(a), (b), (c) and (d); and (25)(h). (Ord. 4422 §1 (in
part), 1993)
21.22.290 NONCONFORMING
USES/STRUCTURES.
An established use or existing structure that was
lawfully permitted prior to adoption of this chapter, but
which is not in compliance with this chapter, may con-
tinue subject to the provisions of the Zoning Code, BMC
21.02.780 - 21.02.840, Nonconformities. (Ord. 4422 §1
(in part), 1993)
21.22.300 APPEALS.
An appeal of a decision regarding a critical area
may be made in accordance with BMC 21.02.935. (Ord.
4914 §2, 2004; Ord. 4422 §1 (in part), 1993)
21.22.310 ENFORCEMENT.
(a) No regulated activity, as defined in BMC
21.22.030, shall be conducted without a permit and
without full compliance with this chapter. All activities
not allowed or conditionally approved shall be prohib-
ited.
(b) The Director shall have authority to enforce
this chapter, issue delineation verifications, permits, and
violation notices, and process violations through the use
of administrative orders and/or civil and criminal
actions as provided for herein.
(c) In the event of violation, the City shall have the
authority to order restoration, enhancement, or creation
measures to compensate for the destroyed or degraded
critical area. If work is not completed in a reasonable
time following the order, the City may implement a pro-
cess to restore or enhance the affected site. This includes
(Revised 3/05)21.22-20
creation of new wetlands or streams to offset loss as a
result of violation in accordance with BMC 21.22.270.
The violator shall be liable for all costs of such action,
including administrative costs.
(d) Failure to comply with an administrative order
of the director under this section shall constitute a viola-
tion subject to enforcement pursuant to BMC 21.22.320.
(Ord. 4914 §3, 2004; Ord. 4422 §1 (in part), 1993)
21.22.320 SEVERABILITY.
If any clause, sentence, paragraph, section, or part
of this chapter or the application thereof to any person
or circumstances shall be adjudged by any court of com-
petent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate
the remainder of any part thereof to any other person or
circumstances, and to this end, the provisions of each
clause, sentence, paragraph, section or part of this chap-
ter are hereby declared to be severable. (Ord. 4422 §1
(in part), 1993)
21.22.330 VIOLATION - PENALTY.*
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment and/or enforcement may be required as provided
therein.
(b) In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall by guilty
of a misdemeanor pursuant to BMC 1.12.020(2). Each
day, or a portion thereof, during which a violation
occurs shall constitute a separate violation. (Ord. 4914
§4, 2004)
* Code reviser’s note: Ordinance 4914 added this section as BMC
21.22.320. It has been editorially renumbered to avoid duplica-
tion.
Tables-1 (Revised 3/05)
Ordinance Table
Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk.
Number Subject
4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06)
4849 Amends § 21.22.240, critical lands ordinance (21.22)
4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16,
9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52)
4851 Amends § 6.32.110, noise levels (6.32)
4852 Repeals and replaces Chapter 21.06, comprehensive plans (21.06)
4853 Council salaries (Special)
4854 Alley vacation (Special)
4855 Rezone (Special)
4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and
repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting
and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.08, 11.10, 11.12,
13.10, 15.01)
4857 Amends § 11.02.080, right-of-way use permits (11.02)
4858 Amends Chapter 21.02, Figure 152(b), zoning (Repealed by 4901)
4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and
Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap-
ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48,
5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.01, 3.74, 5.03, 9.20, 9.34)
4860 Adds § 21.02.335, wireless telecommunications facilities (21.02)
4861 Amends § 21.02.330, off-premises signs (21.02)
4862 Street vacation (Special)
4863 Amends Ord. 4839, Fiscal year 2003 budget (Special)
4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03)
4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08,
parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10,
handicapped parking (3.01, 10.10, 10.11)
4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties;
repeals Chapter 7.16, livestock restricted areas (7.12, 7.14)
4867 Amends Chapter 2.05, departments and directors (2.05)
4868 Adds § 2.76.550, credit/purchase card use (2.76)
4869 Amends Chapter 3.01, Rate Table A (3.01)
4870 Westpark housing cooperation (Special)
4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (2.74)
4872 Natural gas franchise (Special)
4873 Community renewal plan (Special)
4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use
(11.02)
4875 Energy franchise (Special)
4876 Tax levy (Special)
4877 Adds Chapter 2.01, elected official - PERS (2.01)
4878 Amends 2003 budget (Special)
4879 Amends § 3.82.020, commercial parking tax (3.82)
4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and
3.01.095 (3.01)
Number Subject
(Revised 3/05)Tables-2
4881 Amends § 15.06.015, Appendix A (15.06)
4882 Amends § 3.50.050, utility taxes (3.50)
4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe-
cial)
4884 Street vacation (Special)
4885 Property condemnation (Special)
4886 Amends §§ 21.02.070 and 21.02.150, zoning (21.02)
4887 Amends § 21.02.152, zoning (21.02)
4888 Street vacation (Special)
4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02)
4890 Amends Port Blakely initial development agreement (Special)
4891 Amends § 6.32.010, noise levels (6.32)
4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (11.08)
4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78)
4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13)
4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86)
4896 Street vacation (Special)
4897 Pending
4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and
§ 10.11.010, parking enforcement (9.32, 10.11)
4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (21.02)
4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser-
vices (2.05, 2.09)
4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (21.02)
4902 Repeals § 21.02.750 (Repealer)
4903 Repeals and replaces Ch. 18.02, city fire code (18.02)
4904 Repeals and replaces Ch. 17.04, city building code (17.04)
4905 Amends § 9A.48.030, criminal impersonation (9A.48)
4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (3.01, 17.04, 21.02)
4907 Street vacation (Special)
4908 Amends Ch. 3.01, rates and fees (3.01)
4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen-
dix A, municipal utilities (15.01, 15.06)
4910 Amends 2004 budget (Special)
4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (2.18)
4912 Street vacation (Special)
4913 Street vacation (Special)
4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (21.22)
4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32,
10.13, 13.04)
4916 2005 tax levy (Special)
4917 2005 comprehensive plan (Special)
4918 Amends § 3.50.050, utility taxes (3.50)
4919 Amends Ch. 3.01, rates and fees (3.01)
4920 LTGO bond/Kitsap regional conference center (Special)
4921 Adopts 2005 budget (Special)
4922 Annexation (Special)
4923 Number not used
4924 Adds § 3.48.076; amends §§ 3.48.030, 3.48.050 and 3.48.090, business and occupation taxes (3.48)
4925 Amends 2004 budget (Special)
Number Subject
Tables-3 (Revised 3/05)
4926 KCCHA public development authority (Special)
4927 Amends § 10.13.110, motorized wheeled transportation devices (10.13)
4928 Amends Ch. 2.02, §§ 2.14.010 and 2.14.030, city council and investment committee (2.02, 2.14)
4929 Number not used
4930 Amends § 9A.44.100, pedestrian interference (9A.44)
4931 Adds § 3.08.040, claims fund (3.08)